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Judicial Covergence and Fragmentation in International Human Rights Law

2022-12-31 Law
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Release : 2022-12-31
Genre : Law
Kind : eBook
Book Rating : 811/5 ( reviews)

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Book Synopsis Judicial Covergence and Fragmentation in International Human Rights Law by : Elena Abrusci

Download or read book Judicial Covergence and Fragmentation in International Human Rights Law written by Elena Abrusci. This book was released on 2022-12-31. 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.

Judicial Convergence and Fragmentation in International Human Rights Law

2022-12-31 Political Science
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Release : 2022-12-31
Genre : Political Science
Kind : eBook
Book Rating : 177/5 ( reviews)

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Book Synopsis Judicial Convergence and Fragmentation in International Human Rights Law by : Elena Abrusci

Download or read book Judicial Convergence and Fragmentation in International Human Rights Law written by Elena Abrusci. This book was released on 2022-12-31. 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.

Towards Convergence in International Human Rights Law

2016-10-18 Law
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Release : 2016-10-18
Genre : Law
Kind : eBook
Book Rating : 257/5 ( reviews)

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Book Synopsis Towards Convergence in International Human Rights Law by : Carla M. Buckley

Download or read book Towards Convergence in International Human Rights Law written by Carla M. Buckley. This book was released on 2016-10-18. Available in PDF, EPUB and Kindle. Book excerpt: We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.

Fragmentation in International Human Rights Law

2017-07-14 Law
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Release : 2017-07-14
Genre : Law
Kind : eBook
Book Rating : 946/5 ( reviews)

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Book Synopsis Fragmentation in International Human Rights Law by : Marjan Ajevski

Download or read book Fragmentation in International Human Rights Law written by Marjan Ajevski. This book was released on 2017-07-14. 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.

A Farewell to Fragmentation

2015-10-09 Law
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Release : 2015-10-09
Genre : Law
Kind : eBook
Book Rating : 610/5 ( reviews)

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Book Synopsis A Farewell to Fragmentation by : Mads Andenas

Download or read book A Farewell to Fragmentation written by Mads Andenas. This book was released on 2015-10-09. 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.

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