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for the State do not derive from the Agreement, but from the nature of the State’s
obligations to comply with its international commitments.
18.
The Agreement also contains an interpretive clause whereby the parties are
granted the authority to interpret, by mutual agreement between them achieved
through direct dialogue, the provisions of the Agreement, on the understanding that
if a satisfactory solution cannot be found via that avenue, either of them may
request from the Court the corresponding interpretation. The Agreement has been
recognized in the judgment of the Court on reparations in the Barrios Altos Case.
Therefore, the binding effect upon the parties does not derive from the Agreement
itself, but from the judgment of the Court in which that Agreement is approved. The
Court’s interpretation authority is given in the American Convention (Article 67). It
does not emanate from a private agreement between parties. No such agreement
could abolish that authority nor embellish it with modalities alien to the system
established in the Convention and in the rules derived therefrom.
Sergio García-Ramírez
Judge
Manuel E. Ventura-Robles
Secretary