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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p181673_index.html Direct Link: HTML Code:

Cardoso, Evorah Lusci. "Inter-American Court of Human Rights as a Public Sphere: Participation of Non-State Actors via Amicus Curiae and Public Audiences" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2008-12-11 <http://www.allacademic.com/meta/p181673_index.html>

Cardoso, E. C. , 2007-07-25 "Inter-American Court of Human Rights as a Public Sphere: Participation of Non-State Actors via Amicus Curiae and Public Audiences" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2008-12-11 from http://www.allacademic.com/meta/p181673_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper is part of a broad research agenda on the democratic potentialities of the institutionalization of participatory proceedings through law and is also part of a specific research agenda on the legitimacy and the contributions of non-state actors at international forums. The Inter-American Court of Human Rights (IACHR) is the international forum chosen for this analysis and its participatory proceedings are public audiences and amici curiae at contentious and consultative cases. The main questions that this paper will raise are: Which is the purpose that leads non-state actors to take part in IACHR’s proceedings? Are there implications of this participation on the IACHR’s manner of action? The related hypothesis that will be developed on this paper are: (i) the non-state actors are using the potentialities of the IACHR’s participatory proceedings to influence the decision making process of the court and are reflecting on the IACHR as an efficient space for recognition of rights or more favorable interpretations of international law; moreover (ii) the participation of non-state actors on the IACHR brings a new approach to this court, making its manner of action similar to an international forum (“court-forum”) or, according to the theoretical approach adopted on this research, resembling to a public sphere (Habermas), a space of interests justification, in which new demands are able to emerge. Therefore this paper is divided in two parts: the empirical analysis of the institutional participatory settings of IACHR and the theoretical approach, the IACHR as a public sphere.

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