Jorge Contesse
Biographic Data
| ID | 3606165 |
|---|---|
| NAME | Jorge Contesse |
| GIVEN NAMES | Jorge |
| FAMILY NAME | Contesse |
| SIGNATURE | CONTESSE J |
| AFFILIATIONS | Rutgers, the State University of New Jersey |
| ORCID | 0000-0002-7502-9989 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 5 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2008 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 1 |
President Trump Targets Latin American Countries and Nationals as He Begins His Second Term
the state of the subaltern.Looking back on first six months of Trump administration, it portends a bleak future for the many who are vulnerable in America and the rest of the world
Inter-States Disputes Under the Inter-American Human Rights System
Under the inter-American human rights system, inter-State disputes seem largely irrelevant. Such irrelevance contrasts with the European human rights system, where the amount of inter-State disputes is significant (and growing), and is similar to the African human rights regime, where there is a very low number of inter-State disputes. In more than four decades since the entry into force of the American Convention on Human Rights, there are only …
Los Derechos Humanos como Derecho Transnacional
A comienzos del siglo veinte, al celebrarse la primera reunión del entonces recién creado Instituto Americano de Derecho Internacional, juristas de distintos países adoptaron una declaración que estipulaba que “el derecho internacional es a la vez nacional e internacional” 1 . Casi cien años después, si hay un aspecto del Derecho internacional que tiene un rasgo distintivamente latinoamericano, y que da cuenta de la idea acuñada en esa Declaració…
Human Rights as Transnational Law
In 1916, at the first meeting of the then newly created American Institute of International Law, jurists from different countries adopted a declaration stipulating that “[i]nternational law is at one and the same time both national and international.” 1 A century later, Latin American international human rights law clearly reflects that idea. Since the adoption of the American Declaration of the Rights and Duties of Man in 1948, and especially si…
The Rule of Advice in International Human Rights Law
Advisory jurisdiction is a ubiquitous feature of international human rights adjudication. Yet the attention of legal scholars is almost entirely devoted to contentious jurisdiction. This Article aims to fill that gap in the literature. By introducing two models of advisory jurisdiction, and analyzing the example of the Inter-American Court of Human Rights—the world's most active international advice-giver—the Article shows how international human…
Introduction to the Symposium on the American Convention on Human Rights and its New Interlocutors
There is never a lack of those who clamor that there is a crisis afoot in the IAS. See Eduardo Ferrer, "La Corte Interamericana Siempre ha Vivido en Crisis", EL PAIS (July 24, 2018) (recording the President of the Inter-American Court affirming that the Court has always been in crisis, which is also to say that there is nothing particularly unusual in the Court's current situation). For an example of a similar sense of crisis from an earlier era,…
Case of Barrios Altos and La Cantuta v. Peru
On May 30, 2018, the Inter-American Court of Human Rights (Court) ordered Peru to review the presidential pardon granted to former president and dictator Alberto Fujimori, who had been convicted and imprisoned for his role in serious human rights violations. The Peruvian Supreme Court obliged and, after examining the merits of the presidential pardon through a special procedure set up to assess the pardon's conformity with international human rig…
Conservative Governments and Latin America's Human Rights Landscape
In 2009, as the American Convention on Human Rights turned forty, Left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the Left-the so-called "Pink Tide." A decade later, the political landscape was radically different. With only a few exceptions, Right-wing governments are in power throughout Latin America. The implications of the cons…
The international authority of the Inter-American Court of Human Rights
This article discusses the constitutional turn in the Inter-American Court of Human Rights’ recent jurisprudence, exemplified in the adoption of the conventionality control doctrine. Building on previous work and inquiring for the first time into the legal theory of Judge Sergio García Ramírez, who created the doctrine, I show that conventionality control lacks solid legal footing and reveals a problematic understanding of the Inter-American Cour…
Acesso a tratamento médico para pessoas vivendo com HIV/Aids
Este trabalho apresenta algumas idéias relativas ao impacto que as decisões judiciais causam no sistema político. Diferentemente do que se costuma destacar do trabalho dos tribunais em matéria de direitos sociais, quando se põem em relevo os padrões e formas em que os tribunais os concebem para satisfazer as demandas de justiciabilidade desses direitos, os autores - que se centram no caso chileno - mostram como o litígio estratégico pode causar, …
The international authority of the Inter-American Court of Human Rights
This article discusses the constitutional turn in the Inter-American Court of Human Rights’ recent jurisprudence, exemplified in the adoption of the conventionality control doctrine. Building on previous work and inquiring for the first time into the legal theory of Judge Sergio García Ramírez, who created the doctrine, I show that conventionality control lacks solid legal footing and reveals a problematic understanding of the Inter-American Cour…
The Rule of Advice in International Human Rights Law
Advisory jurisdiction is a ubiquitous feature of international human rights adjudication. Yet the attention of legal scholars is almost entirely devoted to contentious jurisdiction. This Article aims to fill that gap in the literature. By introducing two models of advisory jurisdiction, and analyzing the example of the Inter-American Court of Human Rights—the world's most active international advice-giver—the Article shows how international human…
Case of Barrios Altos and La Cantuta v. Peru
On May 30, 2018, the Inter-American Court of Human Rights (Court) ordered Peru to review the presidential pardon granted to former president and dictator Alberto Fujimori, who had been convicted and imprisoned for his role in serious human rights violations. The Peruvian Supreme Court obliged and, after examining the merits of the presidential pardon through a special procedure set up to assess the pardon's conformity with international human rig…
Conservative Governments and Latin America's Human Rights Landscape
In 2009, as the American Convention on Human Rights turned forty, Left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the Left-the so-called "Pink Tide." A decade later, the political landscape was radically different. With only a few exceptions, Right-wing governments are in power throughout Latin America. The implications of the cons…
Acesso a tratamento médico para pessoas vivendo com HIV/Aids
Este trabalho apresenta algumas idéias relativas ao impacto que as decisões judiciais causam no sistema político. Diferentemente do que se costuma destacar do trabalho dos tribunais em matéria de direitos sociais, quando se põem em relevo os padrões e formas em que os tribunais os concebem para satisfazer as demandas de justiciabilidade desses direitos, os autores - que se centram no caso chileno - mostram como o litígio estratégico pode causar, …
The international authority of the Inter-American Court of Human Rights
This article discusses the constitutional turn in the Inter-American Court of Human Rights’ recent jurisprudence, exemplified in the adoption of the conventionality control doctrine. Building on previous work and inquiring for the first time into the legal theory of Judge Sergio García Ramírez, who created the doctrine, I show that conventionality control lacks solid legal footing and reveals a problematic understanding of the Inter-American Cour…
Introduction to the Symposium on the American Convention on Human Rights and its New Interlocutors
There is never a lack of those who clamor that there is a crisis afoot in the IAS. See Eduardo Ferrer, "La Corte Interamericana Siempre ha Vivido en Crisis", EL PAIS (July 24, 2018) (recording the President of the Inter-American Court affirming that the Court has always been in crisis, which is also to say that there is nothing particularly unusual in the Court's current situation). For an example of a similar sense of crisis from an earlier era,…
Case of Barrios Altos and La Cantuta v. Peru
On May 30, 2018, the Inter-American Court of Human Rights (Court) ordered Peru to review the presidential pardon granted to former president and dictator Alberto Fujimori, who had been convicted and imprisoned for his role in serious human rights violations. The Peruvian Supreme Court obliged and, after examining the merits of the presidential pardon through a special procedure set up to assess the pardon's conformity with international human rig…
Conservative Governments and Latin America's Human Rights Landscape
In 2009, as the American Convention on Human Rights turned forty, Left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the Left-the so-called "Pink Tide." A decade later, the political landscape was radically different. With only a few exceptions, Right-wing governments are in power throughout Latin America. The implications of the cons…
The Rule of Advice in International Human Rights Law
Advisory jurisdiction is a ubiquitous feature of international human rights adjudication. Yet the attention of legal scholars is almost entirely devoted to contentious jurisdiction. This Article aims to fill that gap in the literature. By introducing two models of advisory jurisdiction, and analyzing the example of the Inter-American Court of Human Rights—the world's most active international advice-giver—the Article shows how international human…
Los Derechos Humanos como Derecho Transnacional
A comienzos del siglo veinte, al celebrarse la primera reunión del entonces recién creado Instituto Americano de Derecho Internacional, juristas de distintos países adoptaron una declaración que estipulaba que “el derecho internacional es a la vez nacional e internacional” 1 . Casi cien años después, si hay un aspecto del Derecho internacional que tiene un rasgo distintivamente latinoamericano, y que da cuenta de la idea acuñada en esa Declaració…
Human Rights as Transnational Law
In 1916, at the first meeting of the then newly created American Institute of International Law, jurists from different countries adopted a declaration stipulating that “[i]nternational law is at one and the same time both national and international.” 1 A century later, Latin American international human rights law clearly reflects that idea. Since the adoption of the American Declaration of the Rights and Duties of Man in 1948, and especially si…
Inter-States Disputes Under the Inter-American Human Rights System
Under the inter-American human rights system, inter-State disputes seem largely irrelevant. Such irrelevance contrasts with the European human rights system, where the amount of inter-State disputes is significant (and growing), and is similar to the African human rights regime, where there is a very low number of inter-State disputes. In more than four decades since the entry into force of the American Convention on Human Rights, there are only …
President Trump Targets Latin American Countries and Nationals as He Begins His Second Term
the state of the subaltern.Looking back on first six months of Trump administration, it portends a bleak future for the many who are vulnerable in America and the rest of the world
Political science (9 works) · Human rights (7 works) · Judicial and Constitutional Studies (7 works) · Law (7 works) · International Law and Human Rights (6 works) · Sociology (5 works) · Comparative constitutional jurisprudence studies (4 works) · International human rights law (4 works) · Law (4 works) · Convention (3 works)