Fragmentation In International Human Rights Law

Author : Marjan Ajevski
Publisher : Routledge
Page : 167 pages
File Size : 40,9 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317442936

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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 : Eva Brems,Saïla Ouald-Chaib
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 52,8 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 : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 52,5 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 : 41,5 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 : Isabelle Buffard,James Crawford,Alain Pellet,Stephan Wittich
Publisher : BRILL
Page : 1131 pages
File Size : 49,7 Mb
Release : 2009-02-28
Category : Law
ISBN : 9789047440338

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International Law between Universalism and Fragmentation by Isabelle Buffard,James Crawford,Alain Pellet,Stephan Wittich Pdf

This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

Author : Mads Tønnesson Andenæs,Eirik Bjorge
Publisher : Cambridge University Press
Page : 605 pages
File Size : 47,7 Mb
Release : 2015-10-09
Category : Law
ISBN : 9781107082090

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A Farewell to Fragmentation by Mads Tønnesson Andenæs,Eirik Bjorge Pdf

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.

Author : Steven Wheatley
Publisher : Oxford University Press
Page : 220 pages
File Size : 45,6 Mb
Release : 2019-01-17
Category : Law
ISBN : 9780191066870

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The Idea of International Human Rights Law by Steven Wheatley Pdf

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

Author : Carla M. Buckley,Alice Donald,Philip Leach
Publisher : BRILL
Page : 685 pages
File Size : 42,7 Mb
Release : 2016-11-10
Category : Law
ISBN : 9789004284258

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Towards Convergence in International Human Rights Law by Carla M. Buckley,Alice Donald,Philip Leach Pdf

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.

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 51,9 Mb
Release : 2012
Category : Law
ISBN : 9789004214590

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The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Author : Rhonda Ferguson
Publisher : BRILL
Page : 305 pages
File Size : 42,6 Mb
Release : 2018-01-11
Category : Law
ISBN : 9789004345300

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The Right to Food and the World Trade Organization's Rules on Agriculture by Rhonda Ferguson Pdf

In The Right to Food and the World Trade Organization’s Rules on Agriculture, Rhonda Ferguson explores the relationship between the right to food and agricultural trade. The analysis is situated within the context of debates surrounding the fragmentation of international law.

Author : René Provost,Colleen Sheppard
Publisher : Springer Science & Business Media
Page : 293 pages
File Size : 49,6 Mb
Release : 2012-08-10
Category : Law
ISBN : 9789400747104

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Dialogues on Human Rights and Legal Pluralism by René Provost,Colleen Sheppard Pdf

Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.

Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139504935

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Regime Interaction in International Law by Margaret A. Young Pdf

This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.

Author : Andrzej Jakubowski,Karolina Wierczyńska
Publisher : Routledge
Page : 292 pages
File Size : 45,9 Mb
Release : 2016-07-01
Category : Law
ISBN : 9781317312284

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Fragmentation vs the Constitutionalisation of International Law by Andrzej Jakubowski,Karolina Wierczyńska Pdf

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

Author : Ole Kristian Fauchald,André Nollkaemper
Publisher : Bloomsbury Publishing
Page : 382 pages
File Size : 49,7 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 : United Nations. International Law Commission,Martti Koskenniemi
Publisher : Unknown
Page : 306 pages
File Size : 48,5 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