THE IMPACT OF THE INTERNATIONAL COURT OF JUSTICE JURISPRUDENCE IN HUMAN RIGHTS COURTS:

JUDICIAL DIALOGUE OR MONOLOGUE WITH THE INTER-AMERICAN COURT OF HUMAN RIGHTS?

Abstract

This contribution particularly evaluates the use of the International Court of Justice’s (ICJ) jurisprudence in the case law of the Inter-American Court on Human Rights (IACtHR). It intends to identify whether, for what purpose, and to what extent the IACtHR takes into account the jurisprudence of the ICJ. This article is divided into two parts and applies quantitative and qualitative methods. The first section evaluates asymmetries and particular features that characterize the judicial dialogue between the ICJ and the IACtHR. Being aware that the ICJ and the IACtHR are placed in different levels and possess structural differences, the second part presents an empirical analysis of the most cited ICJ rulings in both IACtHR’s contentious and advisory proceedings. Ultimately, this analysis aims to identify the existence of a dialogue or a monologue between the IACtHR and the ICJ.