Fragmentation And Integration In Human Rights Law

Author : Eva Brems,Saïla Ouald-Chaib
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 47,6 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781788113922

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Fragmentation and Integration in Human Rights Law by Eva Brems,Saïla Ouald-Chaib Pdf

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.

Author : Emmanuelle Bribosia,Isabelle Rorive
Publisher : Unknown
Page : 0 pages
File Size : 55,6 Mb
Release : 2018
Category : Civil rights
ISBN : 1780686137

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Human Rights Tectonics by Emmanuelle Bribosia,Isabelle Rorive Pdf

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.

Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 51,8 Mb
Release : 2022-12-31
Category : Law
ISBN : 9781316514818

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Judicial Covergence and Fragmentation in International Human Rights Law by Elena Abrusci Pdf

An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.

Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 55,7 Mb
Release : 2022-12-31
Category : Political Science
ISBN : 9781009093170

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Judicial Convergence and Fragmentation in International Human Rights Law by Elena Abrusci Pdf

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.

Author : Marjan Ajevski
Publisher : Taylor & Francis
Page : 100 pages
File Size : 48,5 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317442943

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Fragmentation in International Human Rights Law by Marjan Ajevski Pdf

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.

Author : Philippa Webb
Publisher : Oxford University Press
Page : 282 pages
File Size : 41,5 Mb
Release : 2013-05-09
Category : Law
ISBN : 9780199671151

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International Judicial Integration and Fragmentation by Philippa Webb Pdf

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.

Author : Eva Brems,Ellen Desmet
Publisher : Edward Elgar Publishing
Page : 552 pages
File Size : 46,7 Mb
Release : 2017-09-29
Category : Human rights
ISBN : 9781786433800

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Integrated Human Rights in Practice by Eva Brems,Ellen Desmet Pdf

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.

Author : Gabriel Orellana Zabalza
Publisher : LIT Verlag Münster
Page : 389 pages
File Size : 47,7 Mb
Release : 2012
Category : Law
ISBN : 9783643902672

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The Principle of Systemic Integration by Gabriel Orellana Zabalza Pdf

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)

Author : Ole Kristian Fauchald,André Nollkaemper
Publisher : Bloomsbury Publishing
Page : 382 pages
File Size : 44,5 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781847319159

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The Practice of International and National Courts and the (De-)Fragmentation of International Law by Ole Kristian Fauchald,André Nollkaemper Pdf

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.

Author : Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 51,6 Mb
Release : 2020-10-30
Category : Political Science
ISBN : 9781839100321

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Can We Still Afford Human Rights? by Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon Pdf

This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?

Author : Jessika Eichler
Publisher : Springer Nature
Page : 313 pages
File Size : 44,5 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9783031546181

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An Interdisciplinary Journey from Non-Discrimination to Collective Rights by Jessika Eichler Pdf

Author : Nils-Hendrik Grohmann
Publisher : Mohr Siebeck
Page : 331 pages
File Size : 47,8 Mb
Release : 2024-03-28
Category : Electronic
ISBN : 9783161628252

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Strengthening the UN Human Rights Treaty Bodies by Nils-Hendrik Grohmann Pdf

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 42,9 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565518

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Author : Linnéa Nordlander
Publisher : Taylor & Francis
Page : 264 pages
File Size : 47,7 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781000992113

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Human Rights and Climate Change by Linnéa Nordlander Pdf

This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.

Author : United Nations. International Law Commission,Martti Koskenniemi
Publisher : Unknown
Page : 306 pages
File Size : 51,7 Mb
Release : 2007
Category : Conflict of laws
ISBN : 9521023376

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Fragmentation of International Law by United Nations. International Law Commission,Martti Koskenniemi Pdf