Restrictions to the Death Penalty (articles 4(2) And 4(4) American Convention on Human Rights)

Abstract

Treaties — Conclusion and operation of — Reservations — American Convention on Human Rights, 1969 — Death penalty — Article 4(2) and 4(4) — Reservation relating to Article 4(4) — Effect of-Whether encompassing Article 4(2) — Advisory opinion of Inter-American Court of Human Rights

Disputes — Other intemational courts — Inter-American Court of Human Rights — Request by Inter-American Commission on Human Rights for advisory opinion — Objections by State party to American Convention on Human Rights to advisory jurisdiction — Existence of a disagreement directly involving State party — Whether necessary for State to have accepted jurisdiction of the Court — Article 62(1) of the Convention — Jurisdictional preconditions applicable to contentious jurisdiction — Whether applicable to advisory jurisdiction — Purpose of — Functions of the Commission — Decision by President of the Court to combine proceedings on jurisdiction and merits — Whether separate proceedings required — Considerations distinguishing contentious jurisdiction from advisory jurisdiction

Treaties — Interpretation of — Principles and rules of interpretation — American Convention on Human Rights, 1969 — Death penalty — Restrictions — Articles 4 (2) and 4 (4) — Literal interpretation — Object and purpose — Reservation relating to Article 4 (4) — Effect of — Whether encompassing Article 4 (2) — Inter-American Court of Human Rights — Request by American Commission on Human Rights for advisory opinion — Objections by State party to advisory jurisdiction — Existence of disagreement directly involving State party — Whether necessary for State party to have accepted jurisdiction of Court — Article 62 (1) of the Convention — Jurisdictional preconditions applicable to contentious jurisdiction — Whether applicable to advisory jurisdiction — Purpose of — Functions of Commission — Decision by President of the Court to combine proceedings on jurisdiction and merits — Whether separate proceedings required — Considerations distinguishing contentious jurisdiction from advisory jurisdiction