| Description |
1 online resource. |
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text file |
| Series |
International studies in human rights ; volume 129
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International studies in human rights ; volume 129.
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| Bibliography |
Includes bibliographical references and index. |
| Contents |
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 -- Evolutive interpretation as a method of interpretation in public international law -- The evolution of regional human rights treaties through the notion of consensus -- 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. |
| Summary |
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 rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
International human rights courts.
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International human rights courts. |
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International and municipal law.
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International and municipal law. |
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International law and human rights.
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International law and human rights. |
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Regionalism (International organization)
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Regionalism (International organization) |
| Genre/Form |
Electronic books.
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| Other Form: |
Print version: Pascual Vives, Francisco José. Consensus-based interpretation of regional human rights treaties. Leiden ; Boston : Brill Nijhoff, 2019 9789004375529 (DLC) 2018056512 |
| ISBN |
9004375511 |
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9789004375512 (electronic book) |
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9789004375529 (hardback ; alkaline paper) |
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