6
19.
On April 23, 2001, the President decided to convene the parties to a public
hearing to be held at the seat of the Court on May 30, 2001, to hear their arguments
on the preliminary objections.
20.
The public hearing was held at the seat of the Court on the specified date.
There appeared before the Court:
for the Inter-American Commission:
Robert K. Goldman, delegate
Raquel Poitevien, legal adviser
Susana Albanese, assistant
Emilio Weinschelbaum, assistant, and
Viviana Krsticevic, assistant
for the State of Argentina:
Andrea G. Gualde, agent, and
María Rosa Cilurzo, deputy agent.
V
COMPETENCE
21.
Argentina has been a State party to the American Convention since
September 5, 1984. On that day it also accepted the contentious jurisdiction of the
Court. In the instant case, the State argues in its objections that the Court is not
competent to hear the application based on Article 1(2) of the American Convention
and under the terms in which the State accepted the jurisdiction of the Court. In
accordance with the rule of the compétence de la compétence/KompetenzKompetenz, established in both the jurisprudence of this Court and in standard,
ongoing arbitral and juridical practice6, this Court is competent to hear the instant
case. Article 62(3) of the Convention recognizes this rule. Therefore, the Court will
now decide on the two objections that were filed.
VI
FIRST PRELIMINARY OBJECTION
22.
The first preliminary objection that the Court will analyze and decide on
relates to Article 1(2) of the American Convention which states: “For the purposes of
this Convention, “person” means every human being.” Based on this text, Argentine
maintains that the American Convention is not applicable to legal entities and that
the companies of José María Cantos, which have been incorporated under different
regimes, are therefore not protected by Article 1(2) of the Convention.
6
Cf. Constantine et al. case, Preliminary Objections. Judgment of September 1, 2001. Series C No.
82, paras. 69 and 72; Benjamin et al. case, Preliminary Objections. Judgment of September 1, 2001.
Series C No. 81, paras. 70 and 73; Hilaire case, Preliminary Objections. Judgment of September 1, 2001.
Series C No. 80, paras. 78 and 81; Case of the Constitutional Court. Competence. Judgment of September
24, 1999. Series C No. 55, para. 35; and Ivcher Bronstein case. Competence. Judgment of September 24,
1999. Series C No. 54, para. 36; and see also the cases of the “Betsey” (1797) (La Pradelle-Politis,
Recueil des Arbitrages Internationaux, 2ª. ed., Paris, 1957, t. I, p. 51 and ff.) the “Sally” (1797) (La
Pradelle-Politis, op. cit., t. I, p. 127 and ff.) and the “Alabama” (1872) (La Pradelle-Politis, op. cit., t. II,
pp. 839, 840, 889 and ff.).