Guatemala (Liberal Professions) Case

• Jurisdicción: Guatemala
• Fecha: 31 Marzo 1937
• Emisor: Corte Suprema (Guatemala)

Supreme Court of Guatemala

Guatemala (Liberal Professions) Case

International Law — In General — Relation to Municipal Law — Effect of Municipal Legislation Conflicting with Treaty Provisions — Guatemalan Law.

The Supreme Court of Guatemala in a decision of March 31, 1937, gave judgment in favour of a Central American national who claimed to be admitted to the Guatemalan Bar in accordance with the Treaty of February 7, 1923, concluded between Guatemala, San Salvador, Honduras, Nicaragua and Costa Rica1 on the Practice of the Liberal Professions. That Treaty provided that lawyers who have qualified in one of the contracting countries must be allowed to practise in the territory of any other contracting State. The decision was arrived at notwithstanding the “General Regulations of the Guatemalan Courts” which made admission to practise in Guatemala dependent upon a previous examination before the Supreme Court. It was held that the Treaty was binding and that it overruled contrary municipal statutes, even if framed after the conclusion of the Treaty.

¹ Hudson, International Legislation, vol. II, p. 978.