The International Law of Human Rights and States of Exception: With Special Reference to the Travaux Preparatoires and Case-Law of the International Monitoring Organs. (International Studies in Human Rights, Vol. 54.) By Anna-Lena Svensson-McCarthy. The Hague, Boston, London: Martinus Nijhoff Publishers, 1998. Pp. xxiv, 765. Index. Fl 325; $175; £111.

AbstractThis article is an expanded and footnoted version of the lectur given at the British Institute of International and Comparative Law on Tuesday 21 March 2006, entitled ‘International Law in the European Court of Human Rights’.The article begins with some comparative comments on the application of the European Convention on Human Rights in monistic and dualistic systems It then discusses in detail the European Court's case law which confirms that the Convention, despite its special character as a human rights treaty, is indeed part of public international law. It concludes that the Convention and international law find themselves in a kind of interactive mutual relationship. checking and buildine on each other.

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Fragmentation of International Law Revisited: Insights, Good Practices, and Lessons to be Learned from the Case Law of the European Court of Human Rights

Leiden Journal of International Law ◽

10.1017/s092215651500045x ◽

2015 ◽

Vol 28 (4) ◽

pp. 863-885 ◽

Cited By ~ 2

Author(s):

ADAMANTIA RACHOVITSA

Keyword(s):

Human Rights ◽

International Law ◽

Case Law ◽

European Convention ◽

Vienna Convention ◽

International Courts ◽

Good Practices ◽

European Court ◽

Interpretation Process ◽

Fragmentation Of International Law

AbstractThis article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court's case law provides insights and good practices to be followed. First, the article furnishes evidence that the Court has developed an autonomous and distinct interpretative principle to construe the European Convention on Human Rights by taking other norms of international law into account. Second, it offers a blueprint of the methodology that the Court employs when engaging with external norms in the interpretation process. It analyses the Court's approach to subtle contextual differences between similar or identical international norms and its position towards the requirements of Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT). It concludes that international courts are developing innovative interpretative practices, which may not be strictly based on the letter of the VCLT.

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Diplomatic Protection: Taking Human Rights Extraterritorially

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800009048 ◽

2007 ◽

Vol 44 ◽

pp. 299-352

Author(s):

Noura Karazivan

Keyword(s):

Human Rights ◽

International Law ◽

Case Law ◽

The United Kingdom ◽

Current State ◽

Diplomatic Protection ◽

Human Rights Treaties ◽

Legitimate Expectations ◽

Jus Cogens ◽

To Receive

SummaryThis article argues that states should have a limited obligation — and not only a privilege — to extend diplomatic protection to their nationals when they are facing violations of their most basic human rights abroad. The author addresses the current state of international law regarding diplomatic protection, with a focus on the International Law Commission's failed attempt to impose a duty on states to exercise protection in cases of jus cogens violations. A review of domestic case law, particularly in the United Kingdom, Canada, Germany, and South Africa, shows that while some courts recognize legitimate expectations to receive diplomatic protection, all are reluctant to exercise judicial review of a denial of diplomatic protection. The author nevertheless examines whether adherence to international human rights treaties could entail a positive obligation for states to exercise diplomatic protection in order to protect the human rights of their nationals that are ill-treated abroad.

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Interpretation of Economic, Social and Cultural Rights by Human Rights Bodies in Times of Economic Distress. The case of Greece

Nordicum-Mediterraneum ◽

10.33112/nm.12.1.4 ◽

2017 ◽

Vol 12 (1) ◽

Author(s):

Vasiliki Saranti

Keyword(s):

Human Rights ◽

Social Security ◽

Special Reference ◽

Economic Crisis ◽

Case Law ◽

International Human Rights ◽

Economic Distress ◽

Cultural Rights ◽

International Human ◽

Of Greece

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.

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