Numerous regional and international institutions operate in Latin America to adjudicate inter-state and state-individual disputes. Exercising jurisdiction over a wide range of issues, from human rights violations to economic integration, from criminal liability to investment disputes, these institutions constitute the institutional infrastructure for regional cooperation.
Some of the most notable structures in the region include the “Inter-American Human Rights System (Inter-American Commission on Human Rights and Inter-American Court of Human Rights)”, the “Andean Community Court of Justice (ACCJ)”, the “Central American Court of Justice (CACJ)”, the “MERCOSUR (Southern Common Market) Permanent Court of Review and Implementation (PCR)”, the “Caribbean Court of Justice (CCJ)”, on a global scale, the “International Criminal Court (ICC)” and the “International Center for the Settlement of Investment Disputes (ICSID)”.
Since 1959, the “Inter-American Commission on Human Rights (IACHR)” has been receiving complaints, conducting preliminary examinations and preparing advisory opinions on human rights violations against individuals in member states of the “Organization of American States (OAS)”. The Commission’s main function is to evaluate individual complaints in line with the principles of “case sensitivity” and “concrete justice” and to provide guidance to States. Open to both individual and collective complaints, it draws attention to the human rights obligations of states and, where appropriate, paves the way for a more binding process by referring cases to the “Inter-American Court of Human Rights”. Although the Commission’s decisions are not technically binding, through its political pressure and monitoring mechanisms, it acts as an incentive for states to comply with human rights standards.[1]
Established in 1979, the Court examines the cases referred by the Commission on the merits and renders binding judgments. It awards sanctions such as compensation, rehabilitation and reintegration when it finds violations of rights against member states. It also has the power to issue interpretative and preventive “precautionary measures”. In this way, it provides rapid protection in cases requiring urgent intervention. There is a follow-up mechanism that monitors and reports on the implementation of judgments. This makes the Court a structure that not only identifies problems but also controls the realization of solutions.[2]
The ACCJ examines whether States Parties Bolivia, Colombia, Ecuador, Ecuador and Peru have acted in accordance with Community law. There are no individual applications to the Court; cases can only be brought by member states or community organs. Its main function is to eliminate differences of practice in customs regulations, internal market harmonization and cross-border trade, and to establish equal conditions of competition. It plays an active role in harmonizing Member States’ national legislation with Community law: it can annul directly applicable Community regulations and ensures both legal certainty and depth of integration through a mutual appeal mechanism.[3]
Founded in 1907 and restructured in 1991, the CACJ focuses on the interpretation of regional integration treaties. It resolves border, environmental and trade disputes between Costa Rica, Nicaragua, Honduras, Guatemala and El Salvador. Unlike the ACCJ, the institution is now able to accept individual applications in some cases. Its interpretative competence strengthens both consistency in regional law and predictability in national practice.[4]
Finalized in 2002 with the Asunción Protocol, the PCR settles trade disputes of Argentina, Brazil, Paraguay, Uruguay and, provisionally, Venezuela. It issues binding decisions on issues such as tariffs, harmonization of domestic regulations and trade discrimination. The Court’s decision obliges member states to immediately implement the provisions of the agreement, thereby increasing the volume of trade and reducing uncertainty within MERCOSUR. It also creates a predictable legal environment for commercial actors by accelerating the dispute resolution process.[5]
The CCJ is a two-pronged structure based in Port of Spain. First, it settles inter-state disputes arising out of the “Caribbean Community (CARICOM)” integration treaty; this function establishes the binding force of the decisions of the integration bodies. Secondly, the appellate division serves member states such as Barbados or Guyana, which have chosen the CCJ as their highest appellate court.[6] It thus complements the deficiencies in the national judicial system and raises the standards of the rule of law and judicial independence. The dual function of the CCJ makes it a central instrument of both regional integration and the strengthening of national justice systems.
The ICC prosecutes allegations of war crimes, crimes against humanity and genocide with respect to Latin American states party to the Rome Statute (e.g. Colombia, Chile).[7] The ICC steps in under the principle of “complementarity” when national jurisdictions are ineffective. It fills criminal gaps that cannot be closed by regional courts and ensures the application of universal law in the prosecution of serious crimes. It thus contributes to the reduction of impunity and the establishment of lasting peace in the region.
Established within the framework of the Washington Convention, the ICSID resolves contractual or international law disputes between a foreign investor and a host state through binding arbitration. Latin American countries aim to attract investment by relying on the administrative infrastructure of the ICSID to increase investor security. Although it is not a court, it provides stability in the international investment environment with data confidentiality, the use of expert witnesses and fast decision-making processes.[8]
As a result, these structures function beyond national judiciaries to consolidate the rule of law, deepen integration processes and fill gaps in the investment/criminal spheres. Human rights mechanisms are open to direct recourse by victims, while integration courts aim to homogenize the domestic law of economic and political unions. Global mechanisms address serious crimes or investment disputes, bringing Latin America’s international obligations closer to universal standards.
[1] “Inter‑American Commission on Human Rights”, Inter‑American Commission on Human Rights. Organization of American States, www.oas.org/en/iachr/, (Accessed Date: 06.29.2025).
[2] “Inter‑American Court of Human Rights”, Corte Interamericana de Derechos Humanos, www.corteidh.or.cr, (Accessed Date: 06.29.2025).
[3] “Tribunal de Justicia de la Comunidad Andina”, Tribunal de Justicia de la Comunidad Andina, www.tribunalandino.org.ec, (Accessed Date: 06.29.2025).
[4] “Corte Centroamericana de Justicia”, Corte Centroamericana de Justicia, portal.ccj.org.ni, (Accessed Date: 06.29.2025).
[5] “Tribunal Permanente de Revisión del MERCOSUR”, Página principal, www.tprmercosur.org/es/index.htm, (Accessed Date: 06.29.2025).
[6] “Caribbean Court of Justice”, Caribbean Court of Justice, www.ccj.org, (Accessed Date: 06.29.2025).
[7] “International Criminal Court”, International Criminal Court, www.icc-cpi.int, (Accessed Date: 06.29.2025).
[8] “International Centre for Settlement of Investment Disputes”, International Centre for Settlement of Investment Disputes. World Bank Group, https://icsid.worldbank.org/, (Accessed Date: 06.29.2025).
