2
jurisdictional system which it declares that it accepts in that same instrument, since
it contains a general condition that subordinates the exercise of the jurisdiction
almost entirely to the provisions of domestic law. Indeed, this declaration accepts
the aforesaid contentious jurisdiction – a key element in the effective exercise of
the Inter-American human rights system – ‘only insofar as (its exercise) is
compatible with the pertinent sections of the Constitution of the Republic of
Trinidad and Tobago.’
“It is evident that – contrary to the usual practice in declarations of a similar nature
– the formula that the State has used does not specifically define the matters that
cannot be heard or decided upon by the Court (which of necessity applies the
American Convention and not the provisions of a State’s domestic law). Thus, this
international court would be deprived of the possibility of exercising the powers that
the Convention assigns to it autonomously and would have to subject itself to a
method of casuistic comparison between the provisions of the Convention and those
of domestic law, which, in turn, would be subject to interpretation by the national
courts.”
“Obviously, a restriction of this nature – established, as mentioned above, in a
general and indeterminate manner – is not consequent with the object and purpose
of the American Convention on Human Rights and does not correspond to the
nature of the Inter-American jurisdiction designed to protect those rights.”
“Furthermore, the formula analyzed also includes some expressions that are very
difficult to understand and that are ambiguous – and which could totally obstruct
the Court’s jurisdictional task – such as the statement that the compulsory
jurisdiction of the international court is recognized ‘provided that a judgment of
(the latter) does not infringe, establish or annul existing rights or obligations of
certain individuals.’ We could cite some examples of the implications that this
imprecise expression could have. Obviously, a judgment of the Court could have
implications for so-called ‘obligations of individuals’ deriving from acts or measures
which, in the Court’s opinion, violate the Convention. The decisions of the InterAmerican Court would also have repercussions on ‘the rights of individuals’ if they
recognized certain juridical consequences in their favor, owing to the violations that
had been committed: for example, the right to reparations. Moreover, it is not
clear what is meant by indicating that the judgments of the Court may not establish
‘existing right or obligations’ of certain individuals.”
“In brief, based on the foregoing – which expands the reasoning on which the
Court’s judgments in the cases referred to in this opinion are based – it is not
possible to recognize the validity of the declaration formulated by the State in the
ratification instrument of May 28, 1991, and use it as grounds for the preliminary
objection that has been raised.”
6.
I think it is relevant to underscore that such dismissal by the Court of a
restriction established by a State in no way implies that the Court would disregard
or ignore just any limitation that such State could establish. The Court, as an
instrument of certainty and justice, must be careful to safeguard both legal values.
If it imposed a competence on the State that the latter had specifically excluded, it
would be affecting, at least, the principle of legal certainty. The American
Convention and the actions of the Court vested by it pay all due attention to the
legitimate decisions taken by the States within the framework of admissible
restrictions and reservations.
7.
Respect for this circumstance —which in its turn does not imply denying
there might have been violations of human rights, regardless of the fact that the
Court may abstain from passing judgment on them— has been observed before in
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