The European convention on human rights and general international law / edited by Anne Van Aaken and Iulia Motoc.

Format:

Book

Contributor:

Aaken, Anne van, editor.

Motoc, Iulia, editor.

Series:

European Society of International Law series

European society of international law series

Language:

English

Subjects (All):

European Court of Human Rights.

International Court of Justice.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

Human rights.

International law and human rights.

Genre:

Electronic books.

Physical Description:

1 online resource.

Edition:

First edition.

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2018.

System Details:

data file

Summary:

This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.

Contents:

Cover; Series; The European Convention on Human Rights and General International Law; Copyright; Contents; Table of Cases; Table of Legislation; List of Contributors; Introduction: The European Convention on Human Rights and General International Law; 1. Introduction; 2. Fragmentation and Conciliation: A Two-​Way Street; 3. Typologies-​Confirmation of and Emancipation from General International Law; 4. Conclusion: The ECHR and General International Law-​Osmosis and Concentric Circles; Part I Sources; 1. European Consensus and International Law; 1. Introduction-​Setting the Stage;

2. The Convention, Relevant Rules of International Law, and Subsequent Practice 3. Two Main Scenarios Relevant for Discussion on European Consensus and Custom; 4. Concluding Remarks; 2. Hard Law or Soft law-​Does it Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR; 1. Introduction; 2. Difference Between Hard Law and Soft Law; 3. Approach of the ECtHR; 4. Conclusion; Part II. Interpretation; 3. The Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective;

1. Introduction 2. State Practice and Treaty Interpretation; 3. State Practice and Treaty Modification; 4. Scaling Subsequent Practice; 5. Conclusion: Subsequent Practice as Catalyst; 4. Evolutive Interpretation in the Light of Other International Instruments: Law and Legitimacy; 1. Introduction; 2. The Practice of the Court; 3. Evaluation of the Court's Practice; 4. Conclusions; Part III. Jurisdiction; 5. Jurisdiction and Responsibility: Trends in the Jurisprudence of the Strasbourg Court; 1. Introduction; 2. Article 1 Jurisdiction: Two Basic Models of Extraterritorial Application;

3. A More Factual and Expansive Approach to Extraterritoriality4. The Relationship Between Article 1 Jurisdiction and State Responsibility; 5. The Convention in Armed Conflict; 6. Conclusion and Outlook; 6. Extraterritorial Application of the European Convention on Human Rights: Evolution of the Court's Jurisprudence on the Notions of Extraterritorial Jurisdiction and State Responsibility; 1. Introduction; 2. Extraterritorial Acts that Constitute an Exercise of Jurisdiction under Article 1; 3. Concluding Remarks;

7. Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention1. Introduction; 2. What Can Be Expected from an Injured State-​The International Law Position; 3. The Establishment of Human Rights Obligations of an Injured State-​Ilaşcu v Moldova and Russia; 4. Further Clarification of the Scope of an Injured State's Obligations-​A Failed Attempt?; 5. Towards Concretizing the Human Rights Obligations of Injured States; 6. Conclusion; Part IV. Responsibility;

Notes:

Includes bibliographical references and index.

Description based on online resource; title from digital title page (viewed on December 10, 2018).

Vendor-supplied metadata.

ISBN:

9780191868399

0191868396

9780192565532

0192565532

OCLC:

1055160617

Access Restriction:

Restricted for use by site license. Single-user access only.