9
mechanism provided for in Article 62(1) of the Convention. That mechanism cannot
be subordinated to any restrictions that the respondent State might add to the terms
of its recognition of the Court’s binding jurisdiction, as that would adversely affect
the efficacy of the mechanism and could obstruct its future development.
36.
Acceptance of the Court’s binding jurisdiction is an ironclad clause to which
there can be no limitations except those expressly provided for in Article 62(1) of the
American Convention. Because the clause is so fundamental to the operation of the
Convention’s system of protection, it cannot be at the mercy of limitations not
already stipulated but invoked by States Parties for internal reasons.
37.
The States Parties to the Convention must guarantee compliance with its
provisions and its effects (effet utile) within their own domestic laws. This principle
applies not only to the substantive provisions of human rights treaties (in other
words, the clauses on the protected rights), but also to the procedural provisions,
such as the one concerning recognition of the Tribunal’s contentious jurisdiction.1
That clause, essential to the efficacy of the mechanism of international protection,
must be interpreted and applied in such a way that the guarantee that it establishes
is truly practical and effective, given the special nature of human rights treaties (cf.
infra 42 to 45) and their collective enforcement.
38.
Article 31(1) of the 1969 Vienna Convention on the Law of Treaties
(hereinafter “the Vienna Convention”) provides that:
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be
given to the terms of the treaty in their context and in the light of its object and
purpose.
[…]
39.
Article 62(1) of the American Convention stipulates that a State Party may,
upon depositing its instrument of ratification or adherence to this Convention, or at
any subsequent time, declare “that it recognizes as binding, ipso facto, and not
requiring any special agreement, the jurisdiction of the Court on all matters relating
to the interpretation or application of this Convention.” There is no provision in the
Convention that expressly permits the States Parties to withdraw their declaration of
recognition of the Court’s binding jurisdiction. Nor does the instrument in which Peru
recognizes the Court’s jurisdiction, dated January 21, 1981, allow for that possibility.
40.
An interpretation of the Convention done “in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their context and in light
of its object and purpose” leads this Court to the view that a State Party to the
American Convention can only release itself of its obligations under the Convention
by following the provisions that the treaty itself stipulates. In the instant case, under
the Convention, the only avenue the State has to disengage itself from the Court’s
binding contentious jurisdiction is to denounce the Convention as a whole (cf. infra
46, 50); if this happens, then the denunciation will only have effect if done in
accordance with Article 78, which requires one year’s advance notice.
1.
European Commission of Human Rights, Applications No. 15299/89, 15300/89 and 15318/89,
Chrysostomos et al. v. Turkey (1991), Decisions and Reports, Strasbourg, C. E., [1991] vol. 68, pp. 216253.