14
thus establishing the automatism 43 of the jurisdiction of the Inter-American Court of
Human Rights 44. There is pressing need for the old ideal of the permanent international
compulsory jurisdiction 45 to become reality also in the American continent, in the
present domain of protection, with the necessary adjustments in order to face its
reality of human rights and to fulfill the growing needs of effective protection of the
human being.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary
43
.
Which is already a reality, as to the European Court of Human Rights, as from the entry into force,
on 01.11.1998, of Protocol n. 11 to the European Convention of Human Rights. Another example of
compulsory jurisdiction is that of the Court of Justice of the European Communities; cf. H. Steiger, "Plaidoyer
pour une juridiction internationale obligatoire", Theory of International Law at the Threshold of the 21st
Century - Essays in Honour of K. Skubiszewski (ed. J. Makarczyk), The Hague, Kluwer, 1996, pp. 821-822
and 832.
44
.
With the necessary amendment, - by means of a Protocol, - to this effect, of Article 62 of the
American Convention, putting an end to the restrictions therein foreseen and expressly discarding the
possibility of any other restrictions, and also putting and end to reciprocity and the optional character of the
acceptance of the contentious jurisdiction of the Court, which would become compulsory to all the States
Parties.
45
.
In a monograph published in 1924, four years after the adoption of the Statute of the old PCIJ,
Nicolas Politis, in recalling the historical evolution from private justice to public justice, advocated likewise for
the evolution, at international level, from optional justice to compulsory justice; cf. N. Politis, La justice
internationale, Paris, Libr. Hachette, 1924, pp. 7-255, esp. pp. 193-194 and 249-250.