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"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 caselaw 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"--
List of contents
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.
About the author
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.
Summary
This book explores the judicial behaviour of the regional human rights courts (African, European and Inter-American) and the UN Human Rights Committee. It assesses whether their interpretation and adjudication of human rights is convergent or rather triggers judicial fragmentation, and explains these dynamics through legal and non-legal factors.
