Edward Pérez

@constlstudies.bsky.social is relaunching as an international, multilingual, and open-access journal!

I'm happy to join as Associate Editor for this new stage.

The journal will accept contributions in English, Spanish, and French. The first issue will be available later this June.

Found some interesting patterns in how they've shifted from agenda-setting to more direct policy formulation over time.

If you're interested in human rights courts or policy implementation, the paper examines how these decisions translate to real-world changes.

Structural Remedies as Policy Making: Data, Rationales and Opportunities of the Inter-American Court of Human Rights This chapter provides an in-depth description of the Inter-American Court of Human Rights’ role as a policy maker through its structural remedies, the alternative ways in which it intervenes fro...

Just published in the Netherlands Yearbook of International Law: My research on how the Inter-American Court functions as a policy maker through structural remedies.

link.springer.com/chapter/10.1...

Enforcing Human Rights Judgments - Voluntary Compliance to Forcible Enforcement? An evening panel discussion

If you are in London, feel free to come to @ucllaws.bsky.social to this panel on enforcing human rights judgments.

We will be assessing "resistant compliers" and long-term unenforced judgments. I will be focusing on the experience of the Inter-American Court .

www.ucl.ac.uk/laws/events/...

Fantastic discussion with Alina Shchetinina on art and its tensions with trade marks!

3 takeaways: (1)Trade mark law should include free speech standards; (2)artistic expression should be protected from onerous litigation; (3)the potential of art can be achieved if free from fear from litigation.

Just bringing this to everyone's attention again, do let any PGRs or ECRs who might be interested know!!
👇🗣️

Foto de manifestação das Mães de Acari

A sentença da @CorteIDH, divulgada hoje (4) condenando o Brasil pelo desaparecimento forçado de 11 jovens negros moradores da favela de Acari, na cidade do Rio, em 1990, traz aspectos contundentes no enfrentamento à violência policial.

(Foto: Alaor Filho)

The Court ordered Brazil to include the crime of enforced disappearance in its criminal law, and to elaborate a diagnosis of the situation of death squads in the Rio de Janeiro region.

The diagnosis may be a good idea, as it will inform future evidence based policy developments.

The IACtHR just issued a judgment in the Leite de Souza 🇧🇷 case, concerning the enforced disappearance of 11 people by “death squads” in Rio de Janeiro.

Full judgment here:

www.corteidh.or.cr/docs/casos/a...

South Korea going full El Salvador now.

In El Salvador (2020), though, the president -after surrounding and taking over the Legislature building- refrained from dissolving Congress.

One year later, he took control over it through a major parliamentarian win of his party.

The judgment in Spanish can be found here:

www.corteidh.or.cr/docs/casos/a...

The IACtHR ordered several (really broad) structural remedies, including ensuring measures to ensure electoral transparency; allow access of candidates to public media; and adopting measures to ensure that the judiciary and electoral authorities are independent.

It further considered the need to adopt measures to restrain the use of power of the incumbents, who could easily abuse their position of power to get re elected.

The Court considered found Capriles to be a victim of his political rights, as electoral integrity

Electoral integrity includes: (1) transparency (including finances and results); (2) use of all types of media, (3) preventing abusive use of power, (4) independent judicial and electoral authorities.

The Court's analysis is one of the few cases on political rights during elections.

The Court found Venezuela responsible for arbitrarily using the State apparatus to favour the incumbent candidate, including the local Supreme Court and electoral authorities, to the detriment of Mr. Capriles.

The IACtHR has just issued a major judgment on political rights in fraudulent elections in the Capriles v. Venezuela case.

The case concerns rights violations during the 2013 Venezuelan presidential election, in which there were strong allegations of fraud to the detriment of Mr. Capriles.