General International Law Before Human Rights Courts

General International Law Before Human Rights Courts

4.11 - 1251 ratings - Source

This book analyzes how the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) deal with general international law. In light of the concerns of various authors about the fragmentation of international law and the qhuman rightistq aspirations of human rights law, the question arises whether these human rights courts put the unity of general international law into danger. The main idea of this study is that the ECtHR and the IACtHR may, in principle, only qelaborateq and not qdepartq from or qcontradictq general international law. A departure is only acceptable if a clear lex specialis has been established for human rights law. The author researches whether or not the sometimes different case law of both human rights courts fits into this assumption. Almost all topics of general international law that have been dealt with by the ECtHR and IACtHR are analyzed, including: reservations * application of treaties * ratione temporis, ratione loci, and ratione personae * interpretation rules * the theory of the sources of international law * jus cogens * modification and withdrawal from treaties * diplomatic protection * exhaustion of local remedies * state responsibility (including the law of reparations) * foreign state immunity * state succession. This volume will be of interest not only to human rights lawyers, but to all international lawyers. It explains how certain traditional concepts of general international law appear to function, and how other concepts need to be refined in order to create a more effective international order. This analysis may be a source of inspiration for other subsystems of international law like environmental law, WTO law, maritime law, space law, etc.u u feature of law-makinga€ treaties in general, but they are together with the lawmakinga€ nature of certain treaties a constitutive element of the category of u n treaties which, according to human rights courts, require a special approach. ... A Handbook of International Human Rights Terminology, Lincoln, University of Nebraska Press, 2004: a€œMultilateral treaties are international legal agreements concludedanbsp;...

Title:General International Law Before Human Rights Courts
Author:édéric Vanneste
Publisher:Intersentia Uitgevers N V - 2010-01


You Must CONTINUE and create a free account to access unlimited downloads & streaming