Engagement of Argentina’s Supreme Court with International Law

Abstract

The chapter maps the engagement of the Argentinean Supreme Court with international law. It divides the Court’s caselaw into three eras. First, an ‘era of affirmative avoidance’ (1853–1992), characterized by a restrictive approach, blunting the incorporation of international law into the domestic legal order. Second, an ‘era of transition’ (1992–1994), in which the Court lifted many of the restrictions it had placed upon the incorporation of international law. And, third, an ‘era of overriding alignment’ (1994–onwards), in which the Court, despite some initial contradictions and dubitative rulings, has considered that international law, the decisions of international courts and tribunals, and even the recommendations of other international institutions must be taken into account when deciding domestic cases. The chapter finally comments on a series of recent decisions which may either constitute a new, contestatory era, or simply a temporary pause in the Court’s strong alignment with the international legal order.