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European Society of International Law

The European Convention on Human Rights and General International Law

Iulia (Judge, Judge, European Court on Human Rights) Motoc & Anne (Professor for Law and Economics, Legal Theory, Public International Law and European Law, Professor for Law and Economics, Legal Theory, Public International Law and European Law, University of St. Gallen, Switzerland) van Aaken

The European Convention on Human Rights and General International Law

European Society of International Law

The European Convention on Human Rights and General International Law

European Society of International Law: The European Convention on Human Rights and General International Law

 

This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.


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Beschrijving European Society of International Law: The European Convention on Human Rights and General International Law

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.


ISBN
9780198830009
Pagina's
352
Verschenen
Serie
European Society of International Law
NUR
823
Druk
1
Uitvoering
Hardback
Taal
Nederlands
Uitgever
OUP Oxford

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