Proposals for a system of citation of the decisions of the Commission and of the Inter-American Court of Human Rights

Abstract

The two main organs of the system for the protection of rights in Americas, such as the Inter–American Commission and the Inter–American Court of Human Rights, express themselves mainly through different kinds of decisions in contentious cases and, in the case of the Court, also through advisory opinions. The reference and citation methods of such decisions are confusing and inconsistent, not only in the use the doctrine makes, but also in the quotes that these organs make on their pronouncements. This article proposes, therefore, a comprehensive approach for the citation of its resolutions, with several application examples. To develop this system of quotation, this paper has followed the principles of sufficiency, accuracy, clarity, consistency and simplicity in dealing with legal sources. It seeks to contribute to bring the Inter–American system closer to modern international and national legal systems, which have a clear and flawless system of citation, and to reinforce it by improving the accessibility of their decisions.