Judicial covergence and fragmentation in international human rights law : the regional systems and the United Nations Human Rights Committee /

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...

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Bibliographic Details
Main Author: Abrusci, Elena (Author)
Format: Electronic eBook
Language:English
Published: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2023.
Subjects:
Online Access:CONNECT
Table of Contents:
  • Fragmentation and convergence : context and definitions
  • Assessing and exploring judicial fragmentation in International Human Rights Law
  • The theory of treaty interpretation and judicial dialogue
  • The composition of the courts and other adjudicative bodies and the role of their secretariats
  • Calibrating judicial scrutiny : the notions of necessity and proportionality
  • Deference, subsidiarity and regional consensus : the margin of appreciation doctrine
  • Outside the courtroom : the role of NGOs and the obstacles to litigation
  • Conclusions.