Consensus-based interpretation of regional human rights treaties / by Francisco Pascual-Vives.
2019
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Details
Title
Consensus-based interpretation of regional human rights treaties / by Francisco Pascual-Vives.
Imprint
Leiden ; Boston : Brill Nijhoff, 2019.
Description
1 online resource.
Series
International studies in human rights ; 129.
Human Rights and Humanitarian Law E-Books Online, Collection 2019, ISBN ; 9789004390775.
Human Rights and Humanitarian Law E-Books Online, Collection 2019, ISBN ; 9789004390775.
Formatted Contents Note
Front Matter
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.
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.
Summary
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.
Location
www
Available in Other Form
Print version: Consensus-Based Interpretation of Regional Human Rights Treaties Leiden ; Boston : Brill | Nijhoff, [2019],
Linked Resources
Alternate Title
Brill Human Rights and Humanitarian Law E-Books Online Collection
Language
English
ISBN
9789004375512 (electronic book)
9789004375529 (print)
9789004375529 (print)
Record Appears in