Abstract

VIVAS BARRERA, Tania Giovanna  and  CUBIDES CARDENAS, Jaime Alfonso. Transnational judicial dialog on the implementation of decisions of the Inter-American Court. Entramado [online]. 2012, vol.8, n.2, pp.184-204. ISSN 1900-3803.

In spite of the fact that the case law of the Inter-American Court of Human Rights has been recognized by international tribunals as one of the most active in matters of protection, its effectiveness hits a structural block in the weakness of mechanisms and enforcement of orders and sentences. Because of that, this article outlines some of the solutions of a legal order, more precisely judicial, far from the political debate, to achieve proper implementation of the decisions of the Inter-American justice system. Appreciating that the studies that attempt to provide a solution to legal issues can find effective solutions when they stress the transnational judicial dialog, as well as the conduct of comparative studies, it is thus considered that the deepening of the judicial dialogs among regional tribunals and the implementation of the control of conventionality by constitutional tribunals are the tools which will make it possible to build legal mechanisms to strengthen implementation of the decisions of the judicial branch of the Inter-American system. The consolidation of the international power of the constitutional judge through the control of conventionality and the strengthening of the dialog among regional judges would enable a better construction of a community that is integrated around respect for human rights.

Keywords : Judicial dialogs; transnational; Inter-American Court; regional systems; human rights; conventionality control; comparative law.

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