Lunch seminar with Lucas Carlos Lima
The identification of regional customary international law by the Inter-American Court of Human Rights
The purpose of my current research is to investigate the role of the Inter-American Court of Human Rights (IACrHR) in the identification and formation of regional customary international law. In some of its recent decisions, particularly in advisory opinions, the Court seems to have been more active in identifying customary international law. However, since its functions are related to the interpretation and application of a regional convention and the practice and opinio juris gathered in some of its judgments is mainly from American states, one might hold that this exercise favours the identification and formation of regional customary international law. Interestingly, the Court apparently has relied on different techniques in order to verify the customary character of different rules, not always following the strict methodology indicated by the International Law Commission (ILC) in its 2018 Conclusions.
Despite their rare appearance, the possibility of regional customary rules is generally admitted both by the ICJ and by the ILC, and American states, or scholars coming from these states, have been the most vocal proponents of the existence of such category of rules. Therefore, the goal of this research is to verify whether this trend is moving towards more concrete outcomes and if the Court in its judgments is, to any extent, favoring the consolidation of a regional body of customary international law.
All interested are welcome to attend. Registration is not necessary.
Feel free to bring your own lunch bag.