12
since, as is widely accepted, the contexts are fundamentally different, States cannot
expect to have the same amount of discretion in the former as they have
traditionally had in the latter.
49.
A unilateral juridical act carried out in the context of purely interstate
relations (e.g. recognition, promise, protest, renunciation) and independently selfconsummated, can hardly be compared with a unilateral juridical act carried out
within the framework of treaty law, such as acceptance of an optional clause
recognizing the binding jurisdiction of an international court. That acceptance is
determined and shaped by the treaty itself and, in particular, through fulfillment of
its object and purpose.
50.
A State that recognized the binding jurisdiction of the Inter-American Court
under Article 62(1) of the Convention, is thenceforth bound by the Convention as a
whole (cf. supra 40 and 46). The goal of preserving the integrity of the treaty
obligations is from Article 44(1) of the Vienna Convention, which is based on the
principle that the denunciation (or “withdrawal” of recognition of a treaty’s
mechanism) can only be vis-à-vis the treaty as a whole, unless the treaty provides
or the Parties thereto agree otherwise.
51.
The American Convention is very clear that denunciation is of “this
Convention” (Article 78) as a whole, and not denunciation of or “release” from parts
or clauses thereof, since that would undermine the integrity of the whole. Applying
the criteria of the Vienna Convention (Article 56(1)), it does not appear to have been
the Parties’ intention to allow this type of denunciation or release; nor can
denunciation or release be inferred from the character of the American Convention
as a human rights treaty.
52.
Even supposing, for the sake of argument, that “release” was possible –a
hypothetical that this Court rejects-, it could not take effect immediately. Article
56(2) of the Vienna Convention stipulates that a State Party must give “not less than
12 months’ notice” of its intention to denounce or withdraw from a treaty. This is to
protect the interests of the other Parties to the treaty. The international obligation in
question, even when undertaken by means of a unilateral declaration, is binding for
the State. The latter is thenceforth “legally required to follow a course of conduct
consistent with its declaration”, and the other States Parties are authorized to
demand that that obligation be honored.7
53.
Despite the fact that it is optional, the declaration of recognition of the
contentious jurisdiction of an international tribunal, once made, does not give the
State the authority to change its content and scope at will at some later date: “…
The right of immediate termination of declarations with indefinite duration is far from
established. It appears from the requirements of good faith that they should be
treated, by analogy, according to the law of treaties, which requires a reasonable
time for withdrawal from or termination of treaties that contain no provision
regarding the duration of their validity.”8 Thus, in order for an optional clause to be
7.
Nuclear Tests case (Australia vs. France), Judgment of 20 December 1974, ICJ Reports 1974, p
268, paragraph 46; Nuclear Tests case (New Zealand vs. France), Judgment of 20 December 1974, ICJ
Reports 1974, pp. 473 and 267, paragraphs 49 and 43, respectively.
8.
Cf. Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.
United States of America), Jurisdiction and Admissibility, Judgment of 26 November 1984, ICJ Reports
1984, p. 420, para. 63 and cf. p. 418, paragraphs 59 and 60.