The European Convention on Human Rights and General International Law
Series: European Society of International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 16 October 2018
- ISBN 9780198830009
- Binding Hardback
- No. of pages352 pages
- Size 241x163x26 mm
- Weight 684 g
- Language English 200
Categories
Short description:
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.
MoreLong description:
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 edited volume is the result of a conference held on 5 June 2015 at the headquarters of the European Court of Human Rights (ECtHR), reflecting the dialogue between judges of the ECtHR, judges of the International Court of Justice (icj) and academics. The book's intention is to contribute to the debate on fragmentation and convergence between the European Convention on Human Rights (echr), on the one hand, and general international law, on the other. It demonstrates the mutual influences between the two by focusing on five specific topics, namely: sources, interpretation, jurisdiction, state responsibility and immunity ... Overall, the book contributes to the clarification of the fluctuating and multi-direction relationships between the ehcr and general international law [... and] is likely to galvanise further studies on convergence and divergence.
Table of Contents:
Preface
Introduction
I: Sources
European Consensus and International Law
Law or Soft law - Does It Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR
II: Interpretation
The Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective
Evolutive Interpretation in the Light of Other International Instruments: Law and Legitimacy
III: Jurisdiction
Jurisdiction and Responsibility: Trends in the Jurisprudence of the Strasbourg Court
Extraterritorial Application of the European Convention on Human Rights: Evolution of the Court's Jurisprudence on the Notions of Extraterritorial Jurisdiction and State Responsibility
Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention
IV: Responsibility
Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties and Responsibilities
The Structure of State Responsibility under the European Convention on Human Rights
The ECHR and Responsibility of the State: Moving Towards Judicial Integration: A View from the Bench
The UN Security Council, State Responsibility and The European Court of Human Rights: Towards an Integrated Approach?
Punitive Damages in Strasbourg
V: Immunity
A Moving Target: The Approach of the Strasbourg Court to Immunity
The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means?
The European Convention on Human Rights and General International Law: Concluding Reflections on the 2015 Strasbourg Conference
