4 known, engages the international responsibility of the State, for acts or omissions, either of the Executive Power, or of Legislative, or of the Judiciary" (par. 10). And I pointed out: "In fact, those two general obligations, - which are added to the other specific conventional obligations concerning each of the protected rights, - are incumbent upon the States Parties by the application of International Law itself, of a general principle (pacta sunt servanda) whose source is metajuridical, in seeking to be based, beyond the individual consent of each State, on considerations concerning the binding character of the duties derived from international treaties. In the present domain of protection, the States Parties have the general obligation, arising from a general principle of International Law, to take all measures of domestic law to guarantee the effective protection (effet utile) of the recognized rights" (par. 8). 9. Seeking to stress the importance of the adoption of such positive measures on the part of the States, I pondered that they can bring about changes in the domestic law which trascend the particular circumstances of the concrete cases; "examples of cases", - I added, - "in which national laws were in fact modified, in accordance with the decisions of the international human rights supervisory organs in individual cases, abound in international practice. The efficacy of human rights treaties is measured, to a large extent, by their impact upon the domestic law of the States Parties" (par. 5). 10. Nevertheless, at this beginning of the XXIst century, the circumstances of the present case of "The Last Temptation of Christ" seem to indicate that the advances in this respect are slow. In the last century, already in 1937, a distinguished scholar of human rights pondered that the day when the historical evolution were to enter into "an era of conscious consolidation of international law", States will not only adopt this latter as an "integral part of their Constitution", but will also no longer adopt laws that obstruct international law forming an "integral part of its system" of domestic law7. Nowadays, in the year 2001, it may be said, in the light, e.g., of the present case, that we have not yet succeeded to achieve this degree of development of the domestic law of the States Parties to human rights treaties. One ought, thus, to keep on insisting on their legislative and judicial obligations, besides the executive ones8. 11. It would not be exact to deny all progress in this domain either. There have been advances, but we remain regrettably far from fulfilling the ideal of the full compatibilization of the domestic legal order with the norms of the international protection of human rights. One of the advances is found in the more recently case-law 7 . Hersch Lauterpacht, "Règles générales du droit de la paix", 62 Recueil des Cours de l'Académie de Droit International de La Haye (1937) pp. 145-146; text reproduced subsequently, in English, in International Law Being the Collected Papers of Hersch Lauterpacht, vol. I, Cambridge, University Press, 1970, p. 229. 8 . Cf., in this respect, e.g., Hildebrando Accioly, Tratado de Direito Internacional Público, 2nd. ed., vol. I, Rio de Janeiro, Ed. MRE, 1956, pp. 280-310; H. Dipla, La responsabilité de l'État pour violation des droits de l'homme - Problèmes d'imputation, Paris, Pédone, 1994, pp. 17-32. César Sepúlveda, for example, was quite clear in admitting "the responsibility of a State for the promulgation of laws contrary to this [internacional] legal order, and more clearly, of those which result in contraposition to a treaty"; and he added that "responsibility is also deduced for a member of the international community if it does not adopt a law that it had committed itself by a treaty to adopt, or to promulgate it in accordance with international law. Likewise, responsibility may ensue when it does not no act to derogate a law which is incompatible with the international obligations contracted by the State"; C. Sepúlveda, Derecho Internacional, 13th. ed., Mexico, Ed. Porrúa, 1983, pp. 237-238.

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