124.
(…) But when a State has ratified an international treaty such
as the American Convention, its judges, as part of the State, are also bound
by that treaty. This obliges them to ensure that the effects of the provisions
embodied in the Convention are not impaired by the enforcement of laws
which are contrary to its object and purpose, and which have had no legal
effects from the outset. (…)
125.
By the same token, the Court has established that “according to
international law, the obligations that it imposes must be honored in good
faith and domestic laws cannot be invoked to justify their violation.” This
provision is embodied in Article 27 of the Vienna Convention on the Law of
Treaties, 1969. (Underlining added).
59.
The principles of international law relating to Good Faith and Effet Utile,
which in turn involve the principle of Pacta Sunt Servanda, are the international
foundations that ensure that States comply with international treaties, and have
been constantly reiterated by the jurisprudence of the Inter-American Court in
cases submitted to its jurisdiction, both in an advisory capacity, and in contentious
cases. In Advisory Opinion 14/94, of December 9, 1994, on international
responsibility for the promulgation and enforcement of laws in violation of
the Convention, 74 the Inter-American Court has established the interpretive scope
of Articles 1 75 and 2 76 of the American Convention on Human Rights. It considered
that the obligation to issue the necessary measures to make effective the rights
and liberties enshrined in said instrument, includes an obligation not to issue
measures when these lead to violations, and also to adapt existing nonconventional norms, based on the general principle of international law that
obligations must be carried out in “good faith” and that domestic law must not be
invoked as a reason for non-compliance. This principle has been upheld by
international courts such as the Permanent Court of International Justice and the
International Court of Justice, and is also contained in Articles 26 77 and 27 78 of the
Vienna Convention on the Law of Treaties.
60.
The obligation to comply with conventional provisions applies to all national
authorities and organs, regardless of whether they belong to the legislative,
74
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of
the Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion OC14/94 of December 9, 1994. Series A No. 14
75
“Article 1. Obligation to Respect Rights. 1. The States Parties to this Convention undertake to
respect the rights and freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for
reasons of race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.”
76
“Article 2. Domestic Legal Effects. Where the exercise of any of the rights or freedoms referred
to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to
adopt, in accordance with their constitutional processes and the provisions of this Convention, such
legislative or other measures as may be necessary to give effect to those rights or freedoms.”
77
“Art. 26: Pacta sunt servanda. Every treaty in force is binding upon the parties to it and must
be performed by them in good faith.”
78
“Art. 27. Internal law and observance of treatises. A party may not invoke the provisions of its
internal law as justification for its failure to perform a treaty. This rule is without prejudice to Article
46.”
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