There are several siren calls from critical legal studies that suggest more “deference” or the transplantation of the “national margin of appreciation” as a replacement for the doctrine of conventionality control in Latin America. In my presentation, I will address several formal and substantive issues confronting and engaging with these proposals.
Reading the critics, it is difficult not to think of a supranational Leviathan represented in the Inter-American Court that pretends to take over the sovereignty of the national powers. Using data analysis and specific contextual aspects, I will show that the Inter-American Court is far from being a monster that threatens the national sovereignty of the States Parties of the American Convention. Rather than transplanting a doctrine born in the European context, what is needed is to learn from its practical experience and focus on reviewing the institutional design taking into account the Latin American particularities.