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

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

Author: Carla M. Buckley; Alice Donald; Philip Leach
Publisher: Brill Nijhoff
ISBN: 9789004284241
Published In: December 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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.