Supremacy of the conventional regularity parameter: The importance of preserving the inviolability of diplomatic and consular offices

Abstract

The article addresses the institution of asylum as a human right within the Inter-American system, drawing on a doctrinal review and on case law that has progressively shaped this subject. Throughout the text, it explains the different forms of asylum, territorial asylum, diplomatic asylum, and refugee status, and comments on the procedural elements that are most decisive at the moment of granting it. The paper underscores that requesting asylum is a human right, while recalling that its granting remains a decision vested in the competent authority.

It also examines the diplomatic situation that arose between Ecuador and Mexico in the case of Jorge Glas, a dispute that ultimately reached the International Court of Justice. The analysis reviews the tension triggered by the entry of Ecuadorian authorities into the Mexican embassy to carry out an arrest deemed unlawful, and the effect this produced at the international level. For this purpose, expert opinions were consulted, and scenario-building techniques were used to understand how diplomatic relations between the two countries might evolve. The text concludes by proposing the course of action that, according to the findings of the research, the Mexican State could have considered beyond the ius imperii and the realist theses in international relations.