Every year the regional master’s programmes of Global Campus of Human Rights select the best master theses of the previous academic year. The selected seven GC master theses cover a range of different international human rights topics and challenges. Adding to the GC master theses, are selections of Master’s theses which most programmes award on a yearly basis
(Global Campus, 2017)
Morales Ramírez, Ernesto José; De Gori, Esteban
This thesis analyses the political transition process in El Salvador after its twelve-year civil war and the Transitional Justice mechanisms used in the post-conflict context: first the Truth Commission and then the amnesty laws. The objective of this research is to establish the effects of the amnesty on the peace building process and the scenarios that may occur after its recent declaration of unconstitutionality in connection to democratic governability and the pursuit of justice for serious human rights violations perpetrated during the armed conflict, which remain still unpunished 25 years after the signing of the Peace Accords.
Transitional Justice, Peace Accords, amnesty.
(Global Campus, 2013-06)
Toda Castan, Daniel; Nowak, Karol
Since 2001, although only in very few cases concerning amnesty laws, the Inter- American Court of Human Rights has started to declare the lack of legal effects of domestic legislation owing to its incompatibility with the American Convention on Human Rights. In addition, the Court imposes on national authorities the duty to exercise what it calls the “conventionality control”, and to disapply laws contrary to the Convention. Through an analysis of this and previous case law, as well as of relevant literature, the author argues that the Court is transforming the legal nature of the Inter- American system for the protection of human rights in order to enhance its influence on the states’ domestic order. However, the examination of the interpretative process through which the Court achieves this enhanced influence reveals that it is creating law and exceeding its jurisdiction. The theories of the state’s international responsibility and the inherent powers of international courts, as they stand, do not seem to provide a basis for this development. In view of this, but also of the reasons that may have led the Court to adopt this case law, the author raises the question of the legitimacy of this transformation of the Inter-American system and calls for the necessary reflection on the question.