International studies in human rights ; 129. Human Rights and Humanitarian Law E-Books Online, Collection 2019, ISBN ; 9789004390775.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
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.
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Print version: Consensus-Based Interpretation of Regional Human Rights Treaties Leiden ; Boston : Brill | Nijhoff, ,