National margin of appreciation in Latin America? The problem is in the institutional design!

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.