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Prolegómenos
Print version ISSN 0121-182X
Abstract
GONZALEZ SERRANO, Andrés. ¿WHICH IS THE NATURE OF THE ORGAN THAT GENERATES INTERNATIONAL PENDING PROCEEDING BEFORE THE INTER-AMERICAN COMISSION ON HUMAN RIGHTS?. Prolegómenos [online]. 2015, vol.18, n.35, pp.189-202. ISSN 0121-182X. https://doi.org/10.18359/dere.818.
The article describes what the Inter-American Commission on Human Rights meant by the term "another international governmental organization" when analyzing the admissibility of an individual petition regarding the existence or not of an international pending case. Through a basic, descriptive and inferential research the article addresses the question ¿which is the nature of the organ that generates international pending proceeding before the Inter-American Commission on Human Rights? The overall objective is to identify the lines of argumentation of the Commission when a State proposes the inadmissibility of a request by the existence of international pending proceeding. As a result it is concluded that there is an international pending litigation when jointly filed a petition with other organ of human rights protection, which the State has granted competence and mandate is conventional and the proceedings before it is adjudicative, contentious and contradictory.
Keywords : Inter-American Commission on Human Rights; international pending proceeding; International Governmental Organization; mandate; procedure, inadmissibility.