Book contents
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
1 - How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
Published online by Cambridge University Press: 22 July 2019
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
Summary
This introductory chapter by the editor discusses the goals of the book, introduces the questions central to it as well as develops a methodological framework. It relates to existing scholarship on the impact of human rights law upon other branches of international law and on the fragmentation of international law. It outlines the methodology that was applied in working towards this volume by presenting a range of distinctions that provide conceptual tools for detecting and assessing the different ways how international non-human-rights courts may refer to human rights. These include categories of human rights, sources of human rights norms, and three contexts for their application, namely due process rights applied in the proceedings of the court in question, substantive human rights norms as applicable law or basis for subject-matter jurisdiction, and interpretive reliance on human rights through systemic integration. The chapter also relates to the legitimacy of international courts by showing that how international courts relate to human rights norms matters for factors of legitimacy.
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- Human Rights Norms in ‘Other' International Courts , pp. 1 - 27Publisher: Cambridge University PressPrint publication year: 2019