The International Validity of the Venezuelan Denunciation of the American Convention on Human Rights
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Emercio José Aponte Núñez
Associate Professor with tenure, Chair of Constitutional Law and Director of the Outreach Division of the School of Law and Political Science of University of Zulia (Venezuela) and Member of the Board of the Venezuelan Association of Constitutional Law
Abstract
This paper analyzes the Venezuelan denunciation of the American Convention on Human Rights from a constitutional and an international approach, taking into account the Venezuelan Constitution, the Inter-American Convention on Human Rights and the interpretative rules of the Vienna Convention on the Law of Treaties (VCLT), to demonstrate that, even with the existence of article 78 of the American Convention, the denunciation is contrary to the Inter-American System as a system of two levels and therefore it shall be considered unlawful and invalid.
About the author
Associate Professor with tenure, Chair of Constitutional Law and Director of the Outreach Division of the School of Law and Political Science of University of Zulia (Venezuela) and Member of the Board of the Venezuelan Association of Constitutional Law
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Table of Contents
- Articles
- The International Validity of the Venezuelan Denunciation of the American Convention on Human Rights
- Legisprudence Limitations on Constitutional Amendments? Reflections on The Czech Constitutional Court’s Declaration of Unconstitutional Constitutional Act
- The New Zealand Food Bill and Global Administrative Law: A Recipe for Democratic Engagement?
- Notes
- Wrestling with Constitutionalism: the Supermajority and the Hungarian Constitutional Court
- Developments Austria
- Focus: Article 47 CFREU in the case law of the three Supreme Courts in Austria
- Evident breaches of § 41 para 7 Asylum Act constitute an infringement of Art 47 CFREU
- Ruling of the Supreme Administrative Court regarding the application of the CFREU
- Article 47 CFREU: scope of application and accessoriness
- Developments CEE
- Lithuanian Constitutional Court: The eligibility ban for those removed under impeachment procedure
- Bosnian Constitutional Court: Law on Personal Identification Number not consistent with rule of law
- Book Reviews
- Sarah M H Nouwen, Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan, Cambridge University Press, 2013, ISBN 978-1-107-01078-9 (hardback), 524 pp.
Articles in the same Issue
- Table of Contents
- Articles
- The International Validity of the Venezuelan Denunciation of the American Convention on Human Rights
- Legisprudence Limitations on Constitutional Amendments? Reflections on The Czech Constitutional Court’s Declaration of Unconstitutional Constitutional Act
- The New Zealand Food Bill and Global Administrative Law: A Recipe for Democratic Engagement?
- Notes
- Wrestling with Constitutionalism: the Supermajority and the Hungarian Constitutional Court
- Developments Austria
- Focus: Article 47 CFREU in the case law of the three Supreme Courts in Austria
- Evident breaches of § 41 para 7 Asylum Act constitute an infringement of Art 47 CFREU
- Ruling of the Supreme Administrative Court regarding the application of the CFREU
- Article 47 CFREU: scope of application and accessoriness
- Developments CEE
- Lithuanian Constitutional Court: The eligibility ban for those removed under impeachment procedure
- Bosnian Constitutional Court: Law on Personal Identification Number not consistent with rule of law
- Book Reviews
- Sarah M H Nouwen, Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan, Cambridge University Press, 2013, ISBN 978-1-107-01078-9 (hardback), 524 pp.
