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Title The European Convention on Human Rights and general international law / edited by Anne van Aaken and Iulia Motoc.

Published Oxford, United Kingdom : Oxford University Press, 2018.
©2018.

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Location Call No. Status
 UniM Law  KC 201 T7 EURO    AVAILABLE
Edition First edition.
Physical description xxvi, 321 pages ; 24 cm.
Series European Society of International Law series.
European Society of International Law series.
Bibliography Includes bibliographical references and index.
Contents 2 Fragmentation and Conciliation: A Two-Way Street p. 3 -- 3 Typologies-Confirmation of and Emancipation from General International Law p. 6 -- 4 Conclusion: The ECHR and General International Law-Osmosis and Concentric Circles p. 19 -- 1 European Consensus and International Law p. 23 / Ineta Ziemele -- 2 Hard Law or Soft law-Does it Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR p. 41 / Angelika Nußberger -- 3 Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective p. 61 / Anja Seibert-Fohr -- 4 Evolutive Interpretation in the Light of Other International Instruments: Law and Legitimacy p. 83 / Geir Ulfstein -- III Jurisdiction -- 5 Jurisdiction and Responsibility: Trends in the Jurisprudence of the Strasbourg Court p. 97 / Marko Milanovic -- 6 Extraterritorial Application of the European Convention on Human Rights: Evolution of the Courts Jurisprudence on the Notions of Extraterritorial Jurisdiction and State Responsibility p. 112 / Isil Karakas and Hasan Bakirci -- 7 Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention p. 135 / Ganna Yudkivska -- IV Responsibility -- 8 Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties, and Responsibilities p. 155 / Samantha Besson -- 9 Structure of State Responsibility under the European Convention on Human Rights p. 178 / James Crawford and Amelia Keene -- 10 ECHR and Responsibility of the State: Moving Towards Judicial Integration-A View from the Bench p. 199 / Iulia Motoc and Johann Justus Vasel -- 11 UN Security Council, State Responsibility, and the European Court of Human Rights: Towards an Integrated Approach? p. 213 / Linos-Alexandre Sicilianos -- 12 Punitive Damages in Strasbourg p. 230 / Paulo Pinto de Albuquerque and Anne van Aaken -- V Immunity -- 13 A Moving Target: The Approach of the Strasbourg Court to Immunity p. 251 / Philippa Webb -- 14 Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means? p. 264 / Riccardo Pavoni -- Conclusion: Reflections on the 2015 Strasbourg Conference p. 285 / Antônio Augusto Cançado Trindade.
Summary The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn,0influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs.0This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Other author Motoc, Iulia, editor.
Aaken, Anne van, editor.
Subject European Court of Human Rights.
International Court of Justice.
Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5)
International law and human rights.
Human rights.
ISBN 0198830009
9780198830009