Based on author's thesis (doctoral - University of Nottingham, 2019) issued under title: Judicial convergence and fragmentation in the case-law of regional human rights bodies and the UN Human Rights Committee. Includes bibliographical references and index.
Contents:
Fragmentation and convergence : context and definitions -- Assessing and exploring judicial fragmentation in International Human Rights Law -- The theory of treaty interpretation and judicial dialogue -- The composition of the courts and other adjudicative bodies and the role of their secretariats -- Calibrating judicial scrutiny : the notions of necessity and proportionality -- Deference, subsidiarity and regional consensus : the margin of appreciation doctrine -- Outside the courtroom : the role of NGOs and the obstacles to litigation -- Conclusions.
Summary:
"This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date caselaw from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.