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Reception of International Law in the European Court of Human Rights

Reception of International Law in the European Court of Human Rights

Author: Magdalena Forowicz
Publisher: Oxford University Press
ISBN: 9780199592678
Published In: August 2010
Format: Hardback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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First book to analyse the interplay between the European human rights law system and international law for 15 years
Provides a comprehensive overview of the case law of the European Court on Human Rights on this issue
Innovative analysis of the extent to which the European Court of Human Rights has contributed to the development of international law and problems of fragmentation
The growing number of international courts and tribunals and their burgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources.

This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice.

The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.

Readership: Students and scholars of human rights law and international law; practitioners involved in cases before the ECHR.

Part A - Introduction
Part B - Reception in Selected Areas
1: The Law of Treaties
2: International Court of Justice
3: Child Rights
4: Civil and Political Rights
5: Prohibition on Torture and Other Ill-Treatment
6: Refugee Rights
7: State Immunity
8: International Humanitarian Law
Part C - Conclusion

Magdalena Forowicz, Post Doc Researcher, University of Zurich

"...a meticulous analysis of the reception of international law into the ECtHR and provides a fascinating investigation of the manner in which this is achieved...This book..paves the way for future research" - Dr Elaine Dewhurst, Legal Studies.