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STRATEGIZING FOR COMPLIANCE: THE EVOLUTION OF A COMPLIANCE PHASE OF INTER-AMERICAN COURT LITIGATION AND THE STRATEGIC IMPERATIVE FOR VICTIMS' REPRESENTATIVES
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Journal Article
STRATEGIZING FOR COMPLIANCE: THE EVOLUTION OF A COMPLIANCE PHASE OF INTER-AMERICAN COURT LITIGATION AND THE STRATEGIC IMPERATIVE FOR VICTIMS' REPRESENTATIVES
2012
Overview
This article provides a comprehensive review of the Inter-American Court of Human Rights' compliance jurisprudence by developing a typology of the Court's reparations and systematizing all available information on the implementation of those reparations. By culling more than 90 experiences with implementation and providing both quantitative and qualitative analysis of these experiences, this article highlights the predictive potential of this body of jurisprudence. This article encourages inter-American representatives to inquire into state tendencies with regard to compliance as a means to formulate compliance strategies at the earliest stages of litigation. The compliance supervision procedures of the Inter-American Court provide an important opportunity for victims' representatives to more faithfully counsel their clients about the likely results of litigation and to strategize more effectively to attain those results. The compliance jurisprudence of the Court should be a point of reference for all representatives in devising the creative strategies that will bring the victims of human rights abuse the reparation, recognition, and guarantee of non-repetition that they so desire.
Publisher
American University
Subject
