Rethinking Subsidiarity In International Human Rights Adjudication
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Author | : Carter, Jr. (William M.) |
Publisher | : |
Total Pages | : 17 |
Release | : 2019 |
Genre | : |
ISBN | : |
This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it may sometimes impede, rather than advance, the cause it purports to serve: namely, achieving universality of human rights. This article identifies situations where subsidiarity is more likely to diminish human rights protections that it is to advance them and suggests that subsidiarity should be abandoned or minimized in such areas.
Author | : Cesare Romano |
Publisher | : |
Total Pages | : 1074 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199660689 |
This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.
Author | : Ludovica Chiussi Curzi |
Publisher | : BRILL |
Total Pages | : 404 |
Release | : 2020-10-26 |
Genre | : Law |
ISBN | : 9004440038 |
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Author | : Torsten Stirner |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 520 |
Release | : 2021-07-15 |
Genre | : Law |
ISBN | : 9004463135 |
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Author | : Theresa Squatrito |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108425690 |
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author | : Andrew Legg |
Publisher | : OUP Oxford |
Total Pages | : 272 |
Release | : 2012-07-05 |
Genre | : Law |
ISBN | : 0191632155 |
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Author | : Courtney Hillebrecht |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2014-02-10 |
Genre | : Law |
ISBN | : 1107040221 |
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Author | : Michael Reiertsen |
Publisher | : Cambridge University Press |
Total Pages | : 365 |
Release | : 2022-08-25 |
Genre | : Law |
ISBN | : 1009153544 |
The most comprehensive analysis of the right to effective domestic remedies in the European Convention on Human Rights Article 13.
Author | : Esmé Shirlow |
Publisher | : Cambridge University Press |
Total Pages | : 381 |
Release | : 2021-02-18 |
Genre | : Law |
ISBN | : 1108490972 |
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Author | : Jeroen Temperman |
Publisher | : BRILL |
Total Pages | : 630 |
Release | : 2019-01-04 |
Genre | : Law |
ISBN | : 9004346902 |
The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.