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The European Convention on Human Rights is the world's most effective human rights regime. Its Court has however become bogged down by an enormous workload and settling a case has become an attractive alternative to ordinary proceedings. This book provides a full overview of the Court's friendly settlements and suggest ways they could be improved.
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
The most comprehensive account on the question of reparation before a human rights court.
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Jo M. Pasqualucci provides a comprehensive critique of the Inter-American Court of Human Rights, which is at once scholarly yet practical. She analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction, and provisional measures orders. When relevant, she compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the International Court of Justice, and the United Nations Human Rights Committee. She also evaluates the Rules of Procedure of the Inter-American Court and the Inter-American Commission, which entered into force in May and June of 2001 and bring about important procedural changes in the inter-relationship of those organs. In addition, she cites the effectiveness of the Convention and the Court's rulings in the domestic law of the States Parties to the Convention. This book will provide an important resource for scholars, practitioners, and students of international human rights law and practice.
Chapter V. Execution of judgments.
The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
Alternatives to litigation which can genuinely gaurantee justice while conserving resources and increasing the accountability of public administration, are of increasing interest. Conciliation, mediation and arbitration were the focus of the conference held in Lisbon in June 1999