Consensus-based interpretation of regional human rights treaties / / by Francisco Pascual-Vives.
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...
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Superior document: | International studies in human rights ; volume 129 |
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VerfasserIn: | |
Place / Publishing House: | Leiden ;, Boston : : Brill Nijhoff,, 2019. |
Year of Publication: | 2019 |
Language: | English |
Series: | International Studies in Human Rights
129. |
Physical Description: | 1 online resource (308 pages). |
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Table of Contents:
- 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.