The jurisprudence of the Inter-American Court of Human Rights as a source of law. A revision of the doctrine of "conventionality control"

The teachings of the most highly qualified publicists in international law explain to us that the judicial decisions, dictated by the international courts, only constitute subsidiary source of international law; and these judgments only have effects for the parts in litigation and with respect of the case that has been decided. The Inter-American Court of Human Rights (Inter-Am Ct HR) has arranged that member states must realize a judicial review of conventionality that confirms the domestic law is in concordance with the jurisprudence developed by the Inter-Am Ct HR. The control of conventionality supposes instituting the decisions of the Inter-Am Ct HR as sources of internal law, under a direct application and restricting the field of sovereign decision of states. In order that the control of conventionality could be consolidated in the inter-American system of human rights, it is pertinent that member states possess an express constitutional authorization and incorporate in a differentiated way the margin of appreciation doctrine. Likewise, it is suitable that the Inter-Am Ct HR by means of new mechanisms of reparation can explore different forms of inter-institutional dialogue with the national authorities.