2 Charter8 and of the Convention,9 both as regards democracy. Hence, it could also be classified as an agreement between the States Parties to these two treaties concerning the application and interpretation of these instruments. 10 2. In this regard, the Inter-American Democratic Charter was established because it was considered necessary. A contrario sensu, it is not a theoretical or a merely political text, without a specific legal purpose, but rather a legal instrument and, more specifically, it is an auxiliary source of international law, of even greater relevance than the Court’s case law, because it is the States Parties themselves that have determined the Convention rules on the matter in question. 11 Its legal effects are, consequently, evident. b. Democracy, an inter-American legal obligation 1. And this is because, in particular, it clearly establishes that the effective exercise of democracy in the States of the Americas constitutes an international legal obligation Hereinafter the OAS Charter. Art. 2(b): “The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes: (b) To promote and consolidate representative democracy, with due respect for the principle of nonintervention.” 8 Art. 3(d): “The American States reaffirm the following principles: (d) The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy,” and “(l) The American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex,” and Art. 9: “A Member of the Organization whose democratically constituted government has been overthrown by force may be suspended from the exercise of the right to participate in the sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization and the Specialized Conferences as well as in the commissions, working groups and any other bodies established.” (a) The power to suspend shall be exercised only when such diplomatic initiatives undertaken by the Organization for the purpose of promoting the restoration of representative democracy in the affected Member State have been unsuccessful. (b) The decision to suspend shall be adopted at a special session of the General Assembly by an affirmative vote of two-thirds of the Member States; (c) The suspension shall take effect immediately following its approval by the General Assembly; (d) The suspension notwithstanding, the Organization shall endeavor to undertake additional diplomatic initiatives to contribute to the re-establishment of representative democracy in the affected Member State; (e) The Member which has been subject to suspension shall continue to fulfill its obligations to the Organization; (f) The General Assembly may lift the suspension by a decision adopted with the approval of two-thirds of the Member States; (g) The powers referred to in this article shall be exercised in accordance with this Charter.” Paras. 2 and 4 of the Preamble to the Convention: “Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man; 9 Considering that these principles have been set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed and refined in other international instruments, worldwide as well as regional in scope; […]”, and Art. 29(c): “No provision of this Convention shall be interpreted as: precluding other rights or guarantees that are inherent in the human personality or derived from representative democracy as a form of government.” Art. 31(3)(a) of the Vienna Convention on the Law of Treaties: “There shall be taken into account, together with the context: (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions.” 10 Art. 38(1)(d) of the Statute of the International Court of Justice: “1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: (d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” 11