Abstract

CASTILLA JUAREZ, Karlos A.. National or Diffuse Conventionality Control? A Better Idea: the Warranty of Treaty. Anu. Mex. Der. Inter [online]. 2013, vol.13, pp.51-97. ISSN 1870-4654.

The term "control of conventionality" has by now been used for six years by the Inter-American Court of Human Rights. Despite the apparent progress in the development of this concept, a detailed study of the jurisprudence and of academic analyses of the subject, show that this term has had inconsistencies in its development due to the irregularity of its use, the forced parallelism with "control of constitutionality", and the basing its construction on only one part of the jurisprudence that makes use of the term "control of conventionality" and not the whole jurisprudence that uses this term. Given this situation, all the inconsistencies need to be corrected, and a system should be constructed that best allows the objectives that the Inter American Court had in mind when it introduced this term. Having demonstrated the weakness of the theory that the Inter American Court created and the doctrine that supports it without questioning its ideas, this paper proposes either the creation of a new system or the modification of the current one centered on the idea of warranty of treaty.

Keywords : control of conventionality; warranty of treaty; Inter-American Court; national courts; international obligations; human rights.