Fragmentation And Integration In Human Rights Law
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Fragmentation And Integration In Human Rights Law
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Author : Eva Brems
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
Fragmentation And Integration In Human Rights Law written by Eva Brems and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Law categories.
Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users.The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law.Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look.
Human Rights Tectonics
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Author : Emmanuelle Bribosia
language : en
Publisher:
Release Date : 2018
Human Rights Tectonics written by Emmanuelle Bribosia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Humanitarian law categories.
Human Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system. Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today 'on trial'. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues. Emmanuelle Bribosia and Isabelle Rorive are law professors at the Université libre de Bruxelles (ULB). They are Director of the Center for European Lawand Director of the Centre Perelman for Legal Philosophy respectively. They co-founded the Equality Law Clinic.
International Judicial Integration And Fragmentation
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Author : Philippa Webb
language : en
Publisher: Oxford University Press
Release Date : 2013-05-09
International Judicial Integration And Fragmentation written by Philippa Webb and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-09 with Law categories.
Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analyzing judicial practice in three areas:genocide, immunities, and the use of force.
Judicial Covergence And Fragmentation In International Human Rights Law
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Author : Elena Abrusci
language : en
Publisher: Cambridge University Press
Release Date : 2022-12-31
Judicial Covergence And Fragmentation In International Human Rights Law written by Elena Abrusci and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-31 with Law categories.
An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
Judicial Convergence And Fragmentation In International Human Rights Law
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Author : Elena Abrusci
language : en
Publisher: Cambridge University Press
Release Date : 2022-12-31
Judicial Convergence And Fragmentation In International Human Rights Law written by Elena Abrusci and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-31 with Political Science categories.
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Fragmentation In International Human Rights Law
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Author : Marjan Ajevski
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-14
Fragmentation In International Human Rights Law written by Marjan Ajevski and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.
This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
The Principle Of Systemic Integration
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Author : Gabriel Orellana Zabalza
language : en
Publisher: LIT Verlag Münster
Release Date : 2012
The Principle Of Systemic Integration written by Gabriel Orellana Zabalza and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)
Human Rights Tectonics
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Author : Emmanuelle Bribosia
language : en
Publisher:
Release Date : 2018
Human Rights Tectonics written by Emmanuelle Bribosia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Civil rights categories.
Human Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system.Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today 'on trial'. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues.
The Practice Of International And National Courts And The De Fragmentation Of International Law
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Author : Ole Kristian Fauchald
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-01
The Practice Of International And National Courts And The De Fragmentation Of International Law written by Ole Kristian Fauchald and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Law categories.
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Integrated Human Rights In Practice
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Author : Eva Brems
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Integrated Human Rights In Practice written by Eva Brems and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-29 with Human rights categories.
This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.