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Judicial Convergence and Fragmentation in International Human Rights Law
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Book Details
- Publisher: Cambridge University Press
- Publish Date: Jan 5th, 2023
- Pages: 306
- Language: English
- Edition: undefined - undefined
- Dimensions: 9.00in - 6.00in - 0.75in - 1.27lb
- EAN: 9781316514818
- Categories: • Human Rights
About the Author
Abrusci, Elena: - Elena Abrusci is Lecturer in Law at Brunel University London. She has an interdisciplinary background in law and politics and she has served as a policy advisor to the UK government and as a consultant to several UN agencies. Her current research focuses on regional human rights systems and emerging technologies.
Praise for this book
'Abrusci presents a very thorough conceptual and empirical groundwork, relevant to any discussion on the potential fragmentation of international law and the multiplication of international judicial and quasi-judicial bodies. ... As she always provides the reader with all the information necessary on the institutional landscape or the procedural rules to know, the book is accessible regardless of where the reader academically comes from. It will be a valuable addition to researchers of any field interested in legal pluralism and the fragmentation of international law.' Audrey M. Plan, Human Rights Law Review
'... does a stellar job in providing a doctrinal analysis of the emerging case law in the HRC and the regional human rights systems through a comparative lens. It reveals patterns and provides empirical insights into the workings of these adjudicatory bodies. Abrusci is undoubtedly a careful researcher, sharp analyst, and a measured and lucid writer.' Rashmi Venkatesan, The Law & Practice of International Courts and Tribunals