Judicial Convergence and Fragmentation in International Human Rights Law: The Regional Systems and the...

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Elena Abrusci (Brunel University)

Judicial Convergence and Fragmentation in International Human Rights Law

The Regional Systems and the United Nations Human Rights Committee

Elena Abrusci (Brunel University)

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English

Cambridge University Press
05 January 2023

Human rights; Civil rights & citizenship; International human rights law; International organisations & institutions

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.

By: Elena Abrusci (Brunel University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 158mm, Spine: 21mm
Weight: 600g
ISBN: 9781316514818
ISBN 10: 1316514811
Pages: 256
Publication Date: 05 January 2023
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

Part I. Introducing and Assessing Fragmentation and Convergence in International Human Rights Law: 1. Fragmentation and convergence: context and definitions; 2. Assessing and exploring judicial fragmentation in international human rights law; Part II. Factors Explaining Judicial Convergence and Fragmentation: 3. The theory of treaty interpretation and judicial dialogue; 4. The composition of the courts and other adjudicative bodies and the role of their secretariats; 5. Calibrating judicial scrutiny: the notions of necessity and proportionality; 6. Deference, subsidiarity and regional consensus: the margin of appreciation doctrine; 7. Outside the courtroom: the role of NGOs and the obstacles to litigation.

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.