Provisional Measures in the Inter-American Human Rights System: An Innovative Development in International Law

In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system.

Finally, she analyzes the use of provisional measures in the unique economic, social, and cultural context of the Inter-American system. The author determines that Inter-American Court orders of provisional measures are binding on parties to the American Convention. The author also finds the Court is introducing prerequisites to the adoption of provisional measures that may curtail their use in cases in which they would be essential to protect persons in danger. Finally, the author argues that if the Court is to continue to adopt provisional measures and adequately enforce human rights in the Americas, the Organization of American States must reevaluate its priorities and provide adequate funding to the human rights enforcement organs.