Resumo

BENAVIDES-CASALS, María Angélica. ERGA OMNES EFFECT THE JUDGMENTS OF THE COURT INTER-AMERICAN CO URT OF HUMAN RIGHTS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2015, n.27, pp.141-166. ISSN 1692-8156.  https://doi.org/10.11144/Javeriana.il15-27.eeos.

Public international law sources (hereinafter, international law or DIP) are binding for states mediating their consent. In the case of the main sources of DIP, namely treaties, customary, unilateral legal acts and general principles of law, it is clear the need for mandatory consent for its compulsoriness. Regarding the sentences of international tribunals, and according to Article 59 of the Statute of the ICJ, its obligation is, according to explicit text, binding to the states involved in the controversy addressed by the sentence that resolves it. Which expands to the entire judiciary in the international arena. In this paper, the obligation will be discussed, namely, the character of source of law for the content of the judgments of the Inter-American Court of Human Rights (hereinafter, the Court or CIDH), for those states not part to the dispute: effect erga omnes the judgments of the Court.

Palavras-chave : Erga omnes effect; sources of international law; international judgements; Inter-American Court of Human Right.

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