Towards Convergence in International Human Rights Law: Approaches of Regional and International Systems

Human Rights

Towards Convergence in International Human Rights Law: Approaches of Regional and International Systems

Edited by Carla M. Buckley · Alice Donald · Philip Leach
Brill Nijhoff December 2016

Specifications

ISBN-13
9789004284241
Publisher
Brill Nijhoff
Publication
December 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable.

Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge?

To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence?

This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.

Table of Contents

Preface: International Tribunals and the Pursuance of Jurisprudential Harmonisation in their Common Mission of Realisation of Justice Judge Antônio Cançado Trindade
Contributors
Abbreviations
List of instruments
Introduction
PART I - RIGHTS
1. The Duty to Investigate Right to Life Violations across Three Regional Systems: Harmonisation or Fragmentation of International Human Rights Law? Philip Leach, Rachel Murray and Clara Sandoval
2. The Death Penalty as Addressed by Regional and International Human Rights Bodies: Exploring Jurisprudential Cross-Fertilisation and Harmonisation Chloe Cheeseman
3. International Trends in the Recognition of Abortion Rights Elizabeth Wicks
4. The European Court of Human Rights’ Recourse to External Legal Materials When Interpreting and Applying the Right to Private Life Alastair Mowbray
5. Minority Sexual Orientation as a Challenge to the Harmonised Interpretation of International Human Rights Law Frans Viljoen
6. Concepts of Substantive Gender Equality: Looking for Coherence among the Regional and International Perspectives Magdalena Forowicz
7. Judges of the World, United? Collective Aspects of the Right to Work in Regional Human Rights Systems Rory O’Connell
8. The Influence of International Human Rights Law on the Right to Health Jurisprudence of the European Region Jacinta Miller
9. Is the International Convention on the Elimination of All Forms of Racial Discrimination the De Facto Minority Rights Treaty? David Keane and Joshua Castellino
10. Children’s Rights under Regional Human Rights Law: A Tale of Harmonisation? Aoife Nolan and Ursula Kilkelly
PART II - THEMES
11. Affording States a Margin of Appreciation: Comparing the European Court of Human Rights and the Inter-American Court of Human Rights
Dominic McGoldrick
12. Human Rights Bodies and International Humanitarian Law: Common but Differentiated Approaches Larissa van den Herik and Helen Duffy
13. The Use Made by the Organs of the European Convention on Human Rights of Reference to the Views of Other Human Rights Bodies in Addressing the Scope of the Extraterritorial Applicability of the Convention Françoise J. Hampson
14. State Obligations with Regard to the Extraterritorial Activities of Companies Domiciled on their Territories Nadia Bernaz
15. Inherent and Implied Powers of Regional Human Rights Tribunals Dinah Shelton
PART III – SYSTEMS
16. International Human Rights Law: Towards Pluralism or Harmony? The Opportunities and Challenges of Coexistence: The View from the UN Treaty Bodies Simon Walker
17. Co-Existence and Confidentiality: The Experience of the Optional Protocol to the Convention against Torture Malcolm D. Evans
18. Human Rights through the Backdoor: The Contribution of Special Procedures to the Normative Coherence and Contradictions of International Human Rights Law Elvira Domínguez-Redondo
19. A European Respect for the Opinions of Mankind? Michael O’Boyle
Appendix 1 Harmonising the Jurisprudence of Regional and International Human Rights Bodies: A Literature Review
Index.
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