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European Convention on Human Rights and General International Law

European Convention on Human Rights and General International Law

Author: Anne van Aaken; Iulia Motoc
Publisher: Oxford University Press
ISBN: 9780198830009
Published In: October 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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.

Preface, Guido Raimondi

Introduction, Anne van Aaken, Iulia Motoc, Johann Justus Vasel

I: Sources

1: European Consensus and International Law, Ineta Ziemele

2: Law or Soft law - Does It Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR, Angelika Nußberger

II: Interpretation

3: The Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective, Anja Seibert-Fohr

4: Evolutive Interpretation in the Light of Other International Instruments: Law and Legitimacy, Geir Ulfstein

III: Jurisdiction

5: Jurisdiction and Responsibility: Trends in the Jurisprudence of the Strasbourg Court, Marko Milanovic

6: Extraterritorial Application of the European Convention on Human Rights: Evolution of the Court's Jurisprudence on the Notions of Extraterritorial Jurisdiction and State Responsibility, Isil Karakas and Hasan Bakirci

7: Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention, Ganna Yudkivska

IV: Responsibility

8: Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties and Responsibilities, Samantha Besson

9: The Structure of State Responsibility under the European Convention on Human Rights, James Crawford and Amelia Keene

10: The ECHR and Responsibility of the State: Moving Towards Judicial Integration: A View from the Bench, Iulia Motoc and Johann Justus Vasel

11: The UN Security Council, State Responsibility and The European Court of Human Rights: Towards an Integrated Approach?, Linos-Alexandre Sicilianos

12: Punitive Damages in Strasbourg, Paulo Pinto de Albuquerque and Anne van Aaken

V: Immunity

13: A Moving Target: The Approach of the Strasbourg Court to Immunity, Philippa Webb

14: The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means?, Riccardo Pavoni

The European Convention on Human Rights and General International Law: Concluding Reflections on the 2015 Strasbourg Conference, Antônio Augusto Cançado Trindade