The Inter-American System of Human Rights

This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.

Table of Contents:
1: Harris: Regional Protection of Human of Human Rights: the Inter American Achievement 2: Farer: The Rise of the Inter American Human Rights Regime: No Longer a Unicorn, Not Yet an Ox 3: Cesna: The Inter American Commission on Human Rights: Its Organisation and Examination of Petitions and Communications 4: Medina: The Role of Country Reports in the Inter American System of Human Rights 5: Trinidade: The Operation of the Inter American Court of Human Rights (1979-1996) 6: Shelton: Reparations in the Inter-American System 7: Gomez: The Interaction Between the Political Actors of the OAS, the Commission and the Court 8: Davidson: The Civil and Political Rights Protected in the Inter-American System 9: Craven: The Protection of Economic, Social, and Cultural Rights under the Inter-American System of Human Rights 10: Hannum: The Protection of Indigenous Peoples in the Inter-American System 11: Lutz: Responses to Amnesties by the Inter American System for the Protection of Human Rights 12: Fitzpatrick: States of Emergency in the Inter American System 13: Trinidade: The Inter American System at the Dawn of a New Century: Recommendations for Improvement of its Mechanism of Protection 14: Vivanco & Bhansali: Procedural Shortcomings in the Defence of Human Rights: An Inequality of Arms Appendices

About the Author :
Professor David Harris is Professor of Public International Law at the University of Nottingham, Dr Stephen Livingstone is a Reader in Law at the same institution.

Review :
`offers a comprehensive selection of articles that describe the organs and substantive rights protections in the Americas.' Journal of International Law and Politics `The collection opens with David Harris's account of the distinctive features of the Inter-American system. ... offers an insightful analysis of the complexities of the two-tiered human rights structure created by the two treaties (the Inter-American Convention and the Inter-American Convention and the Inter-American Declaration) and the two human rights mechanisms charged with their elaboration and enforcement. His description is unique amongst literature currently available in that he notes the ways in which the Convention and Declaration overlap, while also exposing the gaps. ... His account of the principles of interpretation employed by the Inter-American Commission and the Inter-American Court is particularly incisive in distinguishing between the Inter-American system and the approach followed by the European Court and Commission of Human Rights.' Journal of International Law and Politics `the book provides a lively and extremely informative discussion of the Inter American system and avoids dry, academic analysis.' Natalia Schiffrin & Sam Palmer, Interights Quarterly Bulletin No 13 2000 `Any library or private collection specializing in human rights would be incomplete without this discourse on human rights practice in the Americas... well-written, lively, and chock full of authority for positions presented.' American Society of International Law `The publication of Harris and Livingstone's book is especially welcome at this crucial time in the development of the inter-American system ... The Commission and the Court have developed a rich body of jurisprudence which deserves recognition outside the region. Much of their work is of direct relevance to practitioners in the European human rights field. This excellent and comprehensive book should ensure that this recognition is achieved.' Julian Knowles, EHRLR 4 1999 `Skilfully edited ... The Inter-American System of Human Rights brings together many of the leading commentators on human rights in the Americas to produce a text of 14 well-written and well researched chapters on the role, jurisprudence, achievements and weakness of the Inter-American human rights system. These chapters, carefully linked to produce a coherent whole, provide an informative guide ... will surely become required reading for all human rights practitioners and scholars wanting a comparative perspective.' Joanna Harrington, The Cambridge Law Journal, July 1999, vol 58 `Collectively, the essays included in the book under review provide a comprehensive overview of the structure, evolution, practice and case law of the Inter-American Human Rights system ... Considering the expertise of nearly all the authors, evident in the high quality of their wide-ranging contributions, the book not only opens a window on the system to European readers; it may also be the best English-language treatment available to readers anywhere ... the book is an invaluable contribution to the subject. No serious student of the Inter-American Human Rights system can afford to overlook it.' Douglass Cassel, Center for International Human Rights, Northwestern University School of Law, The American Jrnl of International Law, Vol 93, 1999