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Human Rights Norms in ‘Other' International Courts

Human Rights Norms in ‘Other' International Courts

Part of Studies on International Courts and Tribunals

Martin Scheinin, Gentian Zyberi, Başak Çalı, Lorna McGregor, Zeynep Elibol, Alexandre Skander Galand, Marina Aksenova, Juan-Pablo Pérez-León-Acevedo, Holger Hestermeyer, Freya Baetens, Vasiliki Kosta, Bruno De Witte, Solomon T. Ebobrah, Ernst-Ulrich Petersmann, Anna Petrig, Marta Bo, Payam Akhavan
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  • Publication planned for: September 2019
  • availability: Available
  • format: Hardback
  • isbn: 9781108499736

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  • This unique book examines the role and impact of human rights norms in international courts other than human rights courts. It covers a whole range of courts and jurisdictions, looking at the practice of prominent international courts, such as the International Court of Justice and the International Criminal Court, as well as various fora of economic adjudication, including the World Trade Organisation, regional integration organisations in Europe and Africa, and investment arbitration. The book systematically explores the role of human rights norms at the International Tribunal for the Law of the Sea, thereby providing an insight into the future evolution of environmental law towards judicial enforcement at the international level. Within each jurisdiction under study, the respective authors, who all are experts within their fields, address the role of different categories of human rights, as well as the range of available modes of operation of human rights norms.

    • Combines an examination of the role of human rights in international non-human rights courts with comparative research across a range of international courts
    • Provides a new perspective which goes beyond existing research in the field containing novel comparative findings and original analytical and conceptual tools
    • Draws on the unique expertise and collaborations with the PluriCourts Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, Universitetet i Oslo, to develop a deeper theoretical and multidisciplinary grounding
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    Reviews & endorsements

    'The contemporary adjudication of human rights law by non-specialist international courts and tribunals raises complex doctrinal, systemic and normative questions. This valuable book offers the reader a welcome and comprehensive analytical map to evaluate both the legal possibilities and trade-offs inherent in this adjudicatory phenomenon.' Jürgen Kurtz, European University Institute, Florence

    'A most welcome book which highlights the reach of human rights into the purview of a wide range of international courts and tribunals. The entry points are multiple: due process rights, substantive applicable law or means of interpretation. 'Other' international courts and tribunals have become important partners to human rights courts and treaty bodies, as the book aptly demonstrates.' Laurence Boisson de Chazournes, University of Geneva

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    Product details

    • Publication planned for: September 2019
    • format: Hardback
    • isbn: 9781108499736
    • dimensions: 234 x 157 x 32 mm
    • weight: 0.88kg
    • availability: Available
  • Table of Contents

    1. How and why to assess the relevance of human rights norms in 'other' international courts? Martin Scheinin
    2. The interpretation and development of international human rights law by the International Court of Justice Gentian Zyberi
    3. The International Court of Justice as an integrator, developer and globaliser of international human rights law Başak Çalı, Lorna McGregor and Zeynep Elibol
    4. The systemic effect of international human rights law on international criminal law Alexandre Skander Galand
    5. The emerging right to justice in international criminal law: a case study of Colombia Marina Aksenova
    6. Human rights at the reparations system of the International Criminal Court Juan-Pablo Pérez-León-Acevedo
    7. International human rights law and dispute settlement in the World Trade Organisation Holger Hestermeyer
    8. Invoking human rights: a useful line of attack or a defence tool for states in investor-state dispute settlement? Freya Baetens
    9. Human rights norms in the Court of Justice of the European Union Vasiliki Kosta and Bruno De Witte
    10. The uneven impact of international human rights law in Africa's subregional courts Solomon T. Ebobrah
    11. Human rights, constitutional justice and international economic adjudication: legal methodology problems Ernst-Ulrich Petersmann
    12. The International Tribunal for the Law of the Sea and human rights Anna Petrig and Marta Bo
    13. Forum shopping and human rights: staring at the empty shelves Payam Akhavan
    14. Taking stock: relevance of human rights norms in 'other' international courts Martin Scheinin.

  • Editor

    Martin Scheinin, European University Institute, Florence
    Martin Scheinin is Professor of International Law and Human Rights at the European University Institute, Florence. He joined the European University Institute in 2008 after fifteen years as a professor in Finland. Between 1993 and 1998 he was Professor of Constitutional Law at the University of Helsinki and between 1998 and 2008 he was Professor of Constitutional and International Law and Director of the Institute for Human Rights at Åbo Akademi University in Turku, Finland. He was previously a member of the United Nations Human Rights Committee between 1997 and 2004.

    Contributors

    Martin Scheinin, Gentian Zyberi, Başak Çalı, Lorna McGregor, Zeynep Elibol, Alexandre Skander Galand, Marina Aksenova, Juan-Pablo Pérez-León-Acevedo, Holger Hestermeyer, Freya Baetens, Vasiliki Kosta, Bruno De Witte, Solomon T. Ebobrah, Ernst-Ulrich Petersmann, Anna Petrig, Marta Bo, Payam Akhavan

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