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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.
This book investigates the complex, often contradictory interaction between the European Convention on Human Rights (ECHR) and the broader framework of general international law. Authors Anne van Aaken and Iulia Motoc, both experts in international legal theory and practice, analyze how the European Court of Human Rights functions as both a participant in and a shaper of international legal norms. They examine the feedback loop created when the Court develops its own doctrines, which subsequently influence national and international judicial bodies, thereby addressing the tension between legal fragmentation and systemic convergence.
What You Will Find
Scope Limits
Legal scholars and practitioners view this work as a significant contribution to the discourse on the fragmentation of international law. Readers frequently note the academic density of the prose, making it a specialized resource for those already familiar with international legal theory.
Page Count:
300
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0192565532
ISBN-13:
9780192565532
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