česky | in English
The reading materials, mostly comprised by international conventions, case-law excerpts, and scholars’ papers, will be posted online via IS MU. Each reading will have “guiding questions”, which will mark the main objective of each session. Please read and think about these questions as they will help you make the most of the academic/legal content assigned, as well as every session.
It is recommended that you review the following materials:
-Pasqualucci, Jo M., “The Practice and Procedure of the Inter-American Court of Human Rights”. Cambridge University Press, Cambridge, Second edition, 2014.
-Basic documents in the Inter-American system. This online compilation of legal instruments and their status of ratification can be accessed in www.oas.org/en/iachr/mandate/basic_documents.asp
-I/A Commission on Human Rights’ website: oas.org/en/iachr/
-I/A Court of Human Rights’ website: corteidh.or.cr/index.php/en
-Dominican constitution, as amended on 26 January 2010: www.constituteproject.org/constitution/Dominican_Republic_2010.pdf
Course requirements and evaluation
I. Reaction papers.
Two principles will inform the way reaction papers will be assessed: 1) Less is more; and 2) Show me the issue, then develop your argument(s).
In this manner, a great reaction paper will be as follows: A) 3-5 pages-long, double-spaced; B) (Part I): Brief introduction indicating the issue/question, (Part II): argument(s), and (Part III): concluding remarks; C) Citations are required. Please do not interpret this last point as indicating that you should do extensive research. Just keep in mind that I will appreciate the precise disclosure of the academic sources that inform your main argument(s).
Reaction papers may take one of the following two approaches:
Approach No. 1
(i) Identify a point made in a reading assigned with which you disagree.
(ii) Explain your objection, and present your recommendations.
Approach No. 2
(i) State a point that you think has legal relevance, but that is not fully developed in the cases discussed or in the literature assigned.
(ii) Explain the reasons why you think this issue is important to the system’s operation and/or the protection of human rights.
(iii) Indicate how it should have been decided—if you are referring to a contentious case, or what elements are lacking and/or how the elements analyzed should be presented—if you are alluding to one of the readings.
(iv) Concluding remarks and, if applicable, recommendations.
Comparative reasoning and opinions about the law, functioning and compliance rates of the Inter-American and the European System of Human Rights are highly encouraged both during the class and as the main topic of your reactions papers. Comparative analysis can also focus on the constitutional adjudication practices of both the Czech and Dominican States, particularly in regard to the application of the relevant regional human rights standards.