Judicial Convergence And Fragmentation In International Human Rights Law

Author : Elena Abrusci
Publisher : Cambridge University Press
ISBN 13 : 1009093177
Total Pages : 307 pages
Book Rating : 4.70/5 ( download)

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Download or read book Judicial Convergence and Fragmentation in International Human Rights Law written by Elena Abrusci and published by Cambridge University Press. This book was released on 2022-12-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 1316514811
Total Pages : 307 pages
Book Rating : 4.18/5 ( download)

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Download or read book Judicial Covergence and Fragmentation in International Human Rights Law written by Elena Abrusci and published by Cambridge University Press. This book was released on 2022-12-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.

Author : Carla M. Buckley
Publisher : BRILL
ISBN 13 : 9004284257
Total Pages : 685 pages
Book Rating : 4.58/5 ( download)

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Download or read book Towards Convergence in International Human Rights Law written by Carla M. Buckley and published by BRILL. This book was released on 2016-11-10 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Andenas
Publisher : Cambridge University Press
ISBN 13 : 1316368610
Total Pages : 605 pages
Book Rating : 4.19/5 ( download)

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Download or read book A Farewell to Fragmentation written by Mads Andenas and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.

Author : Marjan Ajevski
Publisher : Taylor & Francis
ISBN 13 : 1317442946
Total Pages : 100 pages
Book Rating : 4.43/5 ( download)

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Download or read book Fragmentation in International Human Rights Law written by Marjan Ajevski and published by Taylor & Francis. This book was released on 2017-07-14 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Anne van Aaken
Publisher : Oxford University Press
ISBN 13 : 0192565540
Total Pages : 300 pages
Book Rating : 4.49/5 ( download)

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Download or read book The European Convention on Human Rights and General International Law written by Anne van Aaken and published by Oxford University Press. This book was released on 2018-10-04 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Chiara Giorgetti
Publisher : Cambridge University Press
ISBN 13 : 1009100491
Total Pages : 295 pages
Book Rating : 4.96/5 ( download)

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Download or read book Beyond Fragmentation written by Chiara Giorgetti and published by Cambridge University Press. This book was released on 2022-05-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.

Author : Eva Brems
Publisher :
ISBN 13 : 9781788113915
Total Pages : 0 pages
Book Rating : 4.18/5 ( download)

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Download or read book Fragmentation and Integration in Human Rights Law written by Eva Brems and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : United Nations. International Law Commission
Publisher :
ISBN 13 : 9789521023378
Total Pages : 306 pages
Book Rating : 4.76/5 ( download)

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Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Emmanuelle Bribosia
Publisher :
ISBN 13 : 9781780686134
Total Pages : 0 pages
Book Rating : 4.37/5 ( download)

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Download or read book Human Rights Tectonics written by Emmanuelle Bribosia and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.