Human Rights

Exporting the European Convention on Human Rights

By Maria-Louiza Deftou
Hart Publishing October 2022

Specifications

ISBN-13
9781509952434
Publisher
Hart Publishing
Publication
October 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

This book explores how the European Convention on Human Rights operates and influences on the global stage.

The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders.

Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.

Table of Contents

Introduction
1. The Direct Application of the ECHR by the Luxembourg Court
2. The Application of the ECHR as a Restriction Mechanism of EU Law
3. Regional to Regional: The Impact of the ECtHR Case Law to the Human Rights Protection in the Americas
4. Regional to Global: Exporting the ECHR to the Human Rights Committee
General Conclusion
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