THE RECOGNITION OF RIGHTS NOT EXPRESSLY SET FORTH IN THE AMERICAN CONVENTION BY THE INTER-AMERICAN COURT OF HUMAN RIGHTS: AN ARGUMENTATIVE ANALYSIS IN LIGHT OF MARTTI KOSKENNIEMI’S CRITICAL THEORY
Inter-American Court of Human Rights; New Rights; Theory of International Legal Argumentation
The present study has as its central theme the argumentative construction employed by the Inter-American Court of Human Rights (IACtHR) in the expansive interpretation of the American Convention on Human Rights (ACHR), with an emphasis on the recognition of rights not expressly provided for in the conventional text. The research analyzes how this construction aligns with the model of international legal argumentation proposed by Martti Koskenniemi, examining the justiciability of these rights through reasoning that combines evolutionary interpretation, systematic articulation of conventional provisions, and practices of normative creation. In this context, the study investigates the implications of this judicial activity for the Court’s institutional legitimacy, the predictability of international law, and the tension between universalism and regional particularisms.