The Soft Law and the Res Interpretata as Part of Normative Creation Processes in the Inter-American Human Rights System
DOI:
https://doi.org/10.5377/lrd.v40i1.8915Keywords:
Soft law, normative creation processes, emergence of international rights and obligations, Inter- American Court of Human Rights, advisory jurisdiction, contentious competence, res intepretata, minimum standard of protection, binding effects, erga omnes effectsAbstract
The evolution of the ideas or social values and the development of the diff erent matters of human knowledge have had, as one of its consequences, the proliferation of the instruments known as soft law, which, despite their lack of binding eff ects, they seem to have found a path (imperfect and still unfi nished) that allows their content to have the possibility of crystallizing as a standard of protection of rights through new forms of normative production.
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