This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.
This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.
Inhaltsverzeichnis
- Preface
- Introduction
- I: Sources
- 1: Ineta Ziemele: European Consensus and International Law
- 2: Angelika Nußberger: Law or Soft law - Does It Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR
- II: Interpretation
- 3: Anja Seibert-Fohr: The Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective
- 4: Geir Ulfstein: Evolutive Interpretation in the Light of Other International Instruments: Law and Legitimacy
- III: Jurisdiction
- 5: Marko Milanovic: Jurisdiction and Responsibility: Trends in the Jurisprudence of the Strasbourg Court
- 6: Isil Karakas and Hasan Bakirci: Extraterritorial Application of the European Convention on Human Rights: Evolution of the Court's Jurisprudence on the Notions of Extraterritorial Jurisdiction and State Responsibility
- 7: Ganna Yudkivska: Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention
- IV: Responsibility
- 8: Samantha Besson: Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties and Responsibilities
- 9: James Crawford and Amelia Keene: The Structure of State Responsibility under the European Convention on Human Rights
- 10: Iulia Motoc and Johann Justus Vasel: The ECHR and Responsibility of the State: Moving Towards Judicial Integration: A View from the Bench
- 11: Linos-Alexandre Sicilianos: The UN Security Council, State Responsibility and The European Court of Human Rights: Towards an Integrated Approach?
- 12: Paulo Pinto de Albuquerque and Anne van Aaken: Punitive Damages in Strasbourg
- V: Immunity
- 13: Philippa Webb: A Moving Target: The Approach of the Strasbourg Court to Immunity
- 14: Riccardo Pavoni: The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means?
- The European Convention on Human Rights and General International Law: Concluding Reflections on the 2015 Strasbourg Conference
