have not complied with its judgments over the corresponding period, rather than
avoiding this obligation.
Hence, this regulatory mechanism cannot be used to substitute the relevant
Convention-based competence of the OAS General Assembly, even under the pretext
that this body does not exercise this competence or does not exercise it adequately. It
is not for the Court to judge the actions of this political organ, the organization’s
highest authority.
III. Inadequacies and risks of the established mechanisms
Furthermore, nor can the said regulatory mechanism be justified by the circumstance
that the applicable Convention-based legal norms do not establish another, more
appropriate one that ensures real compliance with the judgments of the Court,
because the Court is called on to apply and interpret the Convention8 and not to
amend it, a function which is the exclusive responsibility of the States Parties.9 So
8
Art. 62 of the Convention: “1. A State Party may, upon depositing its instrument of ratification or
adherence to this Convention, or at any subsequent time, declare that it recognizes as binding, ipso facto,
and not requiring special agreement, the jurisdiction of the Court on all matters relating to the
interpretation or application of this Convention.
2. Such declaration may be made unconditionally, on the condition of reciprocity, for a specified period,
or for specific cases. It shall be presented to the Secretary General of the Organization, who shall
transmit copies thereof to the other member states of the Organization and to the Secretary of the Court.
3. The jurisdiction of the Court shall comprise all cases concerning the interpretation and application
of the provisions of this Convention that are submitted to it, provided that the States Parties to the
case recognize or have recognized such jurisdiction, whether by special declaration pursuant to the
preceding paragraphs, or by a special agreement.”
9
Art. 76 Idem: “1. Proposals to amend this Convention may be submitted to the General Assembly for the
action it deems appropriate by any State Party directly, and by the Commission or the Court through the
Secretary General.
2. Amendments shall enter into force for the States ratifying them on the date when two-thirds of
the States Parties to this Convention have deposited their respective instruments of ratification. With
respect to the other States Parties, the amendments shall enter into force on the dates on which they
deposit their respective instruments of ratification.”
Art. 39 of the Vienna Convention on the Law of Treaties: “General rule regarding the amendment of
treaties
A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to
such an agreement except in so far as the treaty may otherwise provide.”
Art. 40 idem: “Amendment of multilateral treaties
1. Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed by
the following paragraphs.
2. Any proposal to amend a multilateral treaty as between all the parties must be notified to all the
contracting States, each one of which shall have the right to take part in:
(a) the decision as to the action to be taken in regard to such proposal;
(b) the negotiation and conclusion of any agreement for the amendment of the treaty.
3. Every State entitled to become a party to the treaty shall also be entitled to become a party to the
treaty as amended.
4. The amending agreement does not bind any State already a party to the treaty which does not
become a party to the amending agreement; article 30, paragraph 4(b), applies in relation to such
State.
5. Any State which becomes a party to the treaty after the entry into force of the amending
agreement shall, failing an expression of a different intention by that State:
(a) be considered as a party to the treaty as amended; and
4