14
39.
The time has come to consider, in particular, in a future Protocol of
amendments to the procedural part of the American Convention on Human Rights,
aiming at strengthening its mechanism of protection, the possibility of an amendment
to Article 62 of the American Convention, in order to render such clause also
mandatory, in conformity with its character of fundamental clause (cláusula pétrea),
thus establishing the automatism43 of the jurisdiction of the Inter-American Court of
Human Rights 44. There is pressing need for the old ideal of the permanent international
compulsory jurisdiction 45 to become reality also in the American continent, in the
present domain of protection, with the necessary adjustments in order to face its reality
of human rights and to fulfill the growing needs of effective protection of the human
being.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary
voluntarist conception of international law, which is not able even to explain the formation of the rules of
general international law; cf. U.N., United Nations Conference on the Law of Treaties between States and
International Organizations or between International Organizations (Vienna, 1986) - Official Records, volume
I, N.Y., U.N., 1995, pp. 187-188 (intervention of A.A. Cançado Trindade).
43
.
Which is already a reality, as to the European Court of Human Rights, as from the entry into force,
on 01.11.1998, of Protocol n. 11 to the European Convention of Human Rights. Another example of
compulsory jurisdiction is that of the Court of Justice of the European Communities; cf. H. Steiger, "Plaidoyer
pour une juridiction internationale obligatoire", Theory of International Law at the Threshold of the 21st
Century - Essays in Honour of K. Skubiszewski (ed. J. Makarczyk), The Hague, Kluwer, 1996, pp. 821-822 and
832.
44
.
With the necessary amendment, - by means of a Protocol, - to this effect, of Article 62 of the
American Convention, putting an end to the restrictions therein foreseen and expressly discarding the
possibility of any other restrictions, and also putting and end to reciprocity and the optional character of the
acceptance of the contentious jurisdiction of the Court, which would become compulsory to all the States
Parties.
45
.
In a monograph published in 1924, four years after the adoption of the Statute of the old PCIJ,
Nicolas Politis, in recalling the historical evolution from private justice to public justice, advocated likewise for
the evolution, at international level, from optional justice to compulsory justice; cf. N. Politis, La justice
internationale, Paris, Libr. Hachette, 1924, pp. 7-255, esp. pp. 193-194 and 249-250.