Abstract

CASTILLA, Karlos. Conventionality Control: A New Debate in Mexico from Radilla Pacheco Judgment. Anu. Mex. Der. Inter [online]. 2011, vol.11, pp.593-624. ISSN 1870-4654.

The Inter-American Court of Human Rights ruling against Mexico in the Radilla Pacheco case has activated the debate on a variety of important subjects, among them the so called "control of conventionality". According to this ruling and some of its precedents every national court must exercise such control. Nevertheless, a careful study shows that neither the Inter-American Court nor its analysts have managed to establish its implications with precision and uniformity. They have also failed to establish who is allowed to exercise it and how it shall be done. Therefore, here, we try to develop such aspects and propose a name for the activity that the national courts must do in accordance to the referred rule.

Keywords : Control of Conventionality; Interpretation According to Treaties; Inter-American Court; National Courts; International Obligations; Human Tights.