9
protect individual rights, and on the willingness (animus) to give concrete expression to the
scope of those legislative obligations in the framework of the determination of the distinct
measures of reparation for violations of the protected human rights.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura Robles
Secretary
of States and constitute their activities, just as judicial decisions and administrative measures do", and concluded
that the Polish legislation in question was contrary to the German-Polish Convention which protected the German
interests at stake; and in the aforementioned Advisory Opinion, it maintained that the Polish legislative measures at
issue were not in conformity with Poland's international obligations. Cit. in U.N., Yearbook of the International Law
Commission (1964) vol. II, p. 138. However, to resort to classic international case-law on the matter does not
appear strictly necessary to me: given the specificity of the International Law of Human Rights, the
pronouncements, on the subject, on the part of the international human rights supervisory organs, are, in my view,
more than sufficient to affirm the existence of legislative obligations of the States Parties to the treaties of
protection. - The incompatibility or otherwise of a law with human rights treaties such as the American Convention
ought to be demonstrated in the particular circumstances of a concrete case. Once affirmed the existence of such
legislative obligations of States Parties, the next step to be taken would consist of giving precision to its scope, so as
to render effective the protected rights.