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Reception of International Law in the European Court of Human Rights


ISBN13: 9780199592678
Published: August 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £122.50



Despatched in 3 to 5 days.

The European Court of Human Rights (ECtHR) increasingly refers to international law in its case law. It does so in a wide variety of circumstances, involving cross-cutting issues and relating to different international law instruments.

The European Convention of Human Rights (ECHR) is part of the international legal order as an international treaty and, as such, it is interpreted in light of rules which regulate the interpretation of international treaties. At the same time, the Convention is a special type of treaty which goes beyond setting reciprocal rights and obligations between Member States to effectively intervene in the domestic legal orders of Member States.

In this context, the ECtHR often behaves as a constitutional court guarding the ECHR. The book evaluates how international law has been integrated into the ECHR system. It also examines whether the Court has been able to create a coherent and comprehensive approach to the interpretation and evaluation of international law.

The policy decisions and other factors which have given rise to this approach are elucidated. Ultimately, the book examines whether the Court has been able to contribute to the development and coherence of international law as well as to its problem of fragmentation.

Subjects:
Human Rights and Civil Liberties
Contents:
Part A - Introduction
Part B - Reception in Selected Areas
1: The Law of Treaties
2: International Court of Justice
3: Child Rights
4: Civil and Political Rights
5: Prohibition on Torture and Other Ill-Treatment
6: Refugee Rights
7: State Immunity
8: International Humanitarian Law
Part C - Conclusion;

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
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Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes ISBN 9780192893758
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Identity and Diversity on the International Bench: Who is the Judge?
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International Courts in Latin America and the Caribbean: Foundations and Authority ISBN 9780198867999
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International Court Authority ISBN 9780198795599
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International Court Authority ISBN 9780198795582
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Assessing the Effectiveness of International Courts ISBN 9780198794318
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In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
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International Judicial Integration and Fragmentation ISBN 9780198743729
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The European Court of Justice and International Courts (eBook) ISBN 9780191652929
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The European Court of Justice and International Courts ISBN 9780199660476
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In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
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Assessing the Effectiveness of International Courts ISBN 9780199643295
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Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
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Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
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Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
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£145.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
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International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
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Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
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£69.00
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
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Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£135.00
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
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Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
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£110.00
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
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Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
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Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
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Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
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The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
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