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the other hand, the declaration of acknowledgment to which it refers, precisely, Article
62(1) of the American Convention. The question regarding whether it is appropriate to
keep in this treaty the empowering clause or adopt a regime of automatic
acknowledgment is an issue lege ferenda which we shall not examine now.
10. Obviously, the Court may not take on, following its own decision, jurisdiction that
has not been conferred upon it. This is about a legal issue that must receive a legal
answer, regardless of any particular opinion on the convenience or inconvenience of
taking on jurisdiction to hear facts that has no knowledge of, in an act of "judicial
authority" that may not have legal grounds and may be, as a result, arbitrary. The
Court cannot replace, at will – beyond the boundaries of admissible interpretation -the act of the State in matters that correspond to the decision of the State and not to
the powers of the Court.
11. We accept, without any doubt, the authority of the principle pro homine or pro
persona in the creation of laws and judicial interpretation within the sphere of human
rights which is as essential element for the proper protection of human rights and the
progress of case-law in the application of such rules. Hence, the application of this
crucial principle has nothing to do in the issue of the case at hand, due to the fact that
we are trying to establish here the powers of the jurisdictional body which was created
and developed by an international treaty, and not exercise the powers already vested
in it by said treaty.
12. Apart from the personal considerations, which are truly respectable, the truth is
that the American Convention has created a precise system of recognition of
jurisdiction. Certainly, a State may acknowledge the contentious jurisdiction of the
Court during the process of a proceeding, expressing such acknowledgment by means
of a sufficient and unequivocal action. The Vienna Convention on the Law of Treaties
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” (Art. 31(1)), criterion that if applied to this case refers to the
rule of the American Convention in which the parties agree to the requirement of an
express declaration in order to recognize the competence of the Court. The Court may
not assume the existence of such recognition, deducing it from isolated, ambiguous or
equivocal expressions, to which the State does not clearly ascribe the nature and
efficacy of recognition.