Consensus-based interpretation of regional human rights treaties / by Francisco Pascual-Vives.

Format:

Book

Author/Creator:

Pascual Vives, Francisco José, author.

Series:

International Studies in Human Rights 129.

International studies in human rights ; volume 129

Language:

English

Subjects (All):

International human rights courts.

International and municipal law.

International law and human rights.

Regionalism (International organization).

Physical Description:

1 online resource (308 pages).

Place of Publication:

Leiden ; Boston : Brill Nijhoff, 2019.

Summary:

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

Contents:

Front Matter

Foreword

Abbreviations

Introduction

Theoretical Framework: Consensus, Sectorialization and Subsidiarity

The Notion of Consensus in Public International Law

The Challenges Arising from the Specialization and Sectoralization of Public International Law

Subsidiarity as a General Principle in International Human Rights Law

Consensus and Evolutive Interpretation

Evolutive Interpretation as a Method of Interpretation in Public International Law

The Evolution of Regional Human Rights Treaties through the Notion of Consensus

Consensus and the National Margin of Appreciation

Scope of the National Margin of Appreciation

Intrinsic Circumstances Conditioning the National Margin of Appreciation

Consensus as an Extrinsic Circumstance Conditioning the National Margin of Appreciation

Final Considerations

Back Matter

Bibliography

Table of Jurisprudence and Case Law

Table of International Treaties

Table of Authors.

Notes:

Includes bibliographical references and index.

ISBN:

90-04-37551-1

Publisher Number:

10.1163/9789004375512 DOI