Judicial Convergence And Fragmentation In International Human Rights Law
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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.
A Farewell To Fragmentation
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Author : Mads Tønnesson Andenæs
language : en
Publisher: Cambridge University Press
Release Date : 2015-10-09
A Farewell To Fragmentation written by Mads Tønnesson Andenæs 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 2015-10-09 with Law categories.
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Towards Convergence In International Human Rights Law
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Author : Carla M. Buckley
language : en
Publisher: BRILL
Release Date : 2016-11-10
Towards Convergence In International Human Rights Law written by Carla M. Buckley and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.
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 European Convention On Human Rights And General International Law
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Author : Anne van Aaken
language : en
Publisher: Oxford University Press
Release Date : 2018-10-04
The European Convention On Human Rights And General International Law written by Anne van Aaken 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 2018-10-04 with Law categories.
The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Fragmentation And Integration In Human Rights Law
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Author : Eva Brems
language : en
Publisher:
Release Date : 2018
Fragmentation And Integration In Human Rights Law written by Eva Brems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Human rights categories.
From the perspective of rights holders and duty bearers, human rights law appears as an increasingly complex field of law, consisting of different levels, actors and norms. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that may in some circumstances create obstacles for effective human rights protection. Against this background, this volume examines 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.
International Human Rights Law In A Global Context
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Author : Felipe Gómez Isa
language : en
Publisher: Universidad de Deusto
Release Date : 2009-01-01
International Human Rights Law In A Global Context written by Felipe Gómez Isa and has been published by Universidad de Deusto this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).
International Human Rights And Humanitarian Law
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Author : Francisco Forrest Martin
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-16
International Human Rights And Humanitarian Law written by Francisco Forrest Martin 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 2006-01-16 with Political Science categories.
International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.
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.