Conventionality control and the crisis of the global order: the argentine experience before the Inter-American Court of Human Rights

Abstract

This paper examines conventionality control as the inter-American system's response to the crisis of the liberal international order, taking the Argentine Republic as a case study. Drawing on the judgments and advisory opinions issued by the Inter-American Court of Human Rights (IACtHR), it identifies a structural pattern of non-compliance linked to training deficits among legal operators, and examines the most significant episode of judicial resistance by the Argentine State: the refusal of the Supreme Court of Justice of the Nation to execute the judgment in the Fontevecchia y D'Amico case. The paper argues that invoking the national margin of appreciation to evade final judgments does not amount to a legitimate exercise of sovereignty but rather erodes the system. Finally, it proposes lines of procedural, educational and institutional reform capable of reducing the State's exposure to international responsibility.