Judicial Covergence And Fragmentation In International Human Rights Law

Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 44,9 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 : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 40,6 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 : Carla M. Buckley,Alice Donald,Philip Leach
Publisher : BRILL
Page : 685 pages
File Size : 43,6 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 : Mads Tønnesson Andenæs,Eirik Bjorge
Publisher : Cambridge University Press
Page : 605 pages
File Size : 53,7 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 : Marjan Ajevski
Publisher : Taylor & Francis
Page : 100 pages
File Size : 51,8 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 : Eva Brems,Saïla Ouald-Chaib
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2018
Category : Human rights
ISBN : 1788113918

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

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.

Author : Anne van Aaken,Iulia Motoc
Publisher : Oxford University Press
Page : 300 pages
File Size : 44,9 Mb
Release : 2018-10-04
Category : Law
ISBN : 9780192565549

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The European Convention on Human Rights and General International Law by Anne van Aaken,Iulia Motoc Pdf

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.

Author : Felipe Gómez Isa,Koen de Feyter
Publisher : Universidad de Deusto
Page : 974 pages
File Size : 55,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9788498308136

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International Human Rights Law in a Global Context by Felipe Gómez Isa,Koen de Feyter Pdf

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).

Author : Philippa Webb
Publisher : International Courts and Tribu
Page : 0 pages
File Size : 53,5 Mb
Release : 2015-12-28
Category : Law
ISBN : 0198743726

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International Judicial Integration and Fragmentation by Philippa Webb Pdf

Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

Author : Emmanuelle Bribosia,Isabelle Rorive,Ana Maria Correa
Publisher : Unknown
Page : 331 pages
File Size : 41,7 Mb
Release : 2018
Category : Humanitarian law
ISBN : 1780688067

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Human Rights Tectonics by Emmanuelle Bribosia,Isabelle Rorive,Ana Maria Correa 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. 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.

Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,9 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 : Chiara Giorgetti,Mark Pollack
Publisher : Cambridge University Press
Page : 295 pages
File Size : 53,7 Mb
Release : 2022-05-12
Category : Law
ISBN : 9781009100496

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Beyond Fragmentation by Chiara Giorgetti,Mark Pollack Pdf

A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.

Author : United Nations. International Law Commission,Martti Koskenniemi
Publisher : Unknown
Page : 306 pages
File Size : 45,7 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

Author : Emmanuelle Bribosia,Isabelle Rorive
Publisher : Unknown
Page : 0 pages
File Size : 51,5 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 : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 45,6 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters Pdf

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.