ICCLA is portrayed as the common public law of the region that emerges, somehow spontaneously, through judicial dialogue among the Inter-American Court of Human Rights (IACHR) and Latin American national courts. I question this assumption, arguing that it is an academic project centered on a German conception of European constitutionalism (Gemeineuropäisches Verfassungsrecht). For this, I trace the ideological and theoretical genesis of this project until its current manifestations, which reveal more a transregional academic dialogue than a Latin American legal practice. There are, for sure, some features of a regional judicial dialogue. However, I doubt that these reveal a pluralistic conversation. Instead, it seems to denote more a monologue promoted by the IACHR. This, in turn, raises serious doubts about the emergence of ius commune in Latin America.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels