Human rights imperialists the extraterritorial application of the European Convention on Human Rights
Dissertation, Northumbria University, 2014
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| Format: | UnknownFormat |
| Sprache: | eng |
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Oxford ; New York
Hart
2020
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Tag hinzufügen | Zusammenfassung: | Dissertation, Northumbria University, 2014 Introduction -- Creating Human Rights 'Jurisdiction' -- Interpreting the European Convention on Human Rights -- Incremental Normalisation : The Strasbourg Approach 1953-2001 -- Deconstruction and Reconstruction : The European Court of Human Rights 2001-10 -- The Contracting Parties : Competing for Meaning -- National Courts: The Systemisation of 'Jurisdiction' -- The European Court of Human Rights: Strategic (Re-)alignment -- A Return to the Drawing Board -- Conclusion: Human Rights Imperialists "Few issues have posed more of a challenge for the European Court of Human Rights in recent years than the Convention's extraterritorial application. This book explores why this is by reflecting on how the issue has been approached by the primary interpreters of the treaty: the Strasbourg Court, Contracting Parties and National Courts. This is achieved through a detailed engagement with the previous jurisprudence on the Convention's extraterritorial application, and a particular focus on the activities of British authorities and judiciary during and after the Iraq War (2003). Litigation emerging from this conflict has been pivotal in constructing the current understanding of extraterritorial obligations, as well as drawing out some of its more challenging aspects. The book contends that by focusing on the interpretive behavior of the groups with the primary responsibility for interpreting the treaty, an understanding can be gained with regards to what motivates and constrains their argumentative practices. From this, a better understanding of both how the law has developed and where a solution to the extraterritorial challenge can be obtained. If, as some have argued, it is imperialistic to apply the Convention's obligations extraterritorially, the attention of this book lies with the 'human rights imperialists' who have construed those obligations to apply in this manner, as it is with them that any lasting solution to this particular challenge will be found"-- |
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| Beschreibung: | Based on author thesis (doctoral - Northumbria University, 2014) issued under title: Exporting rights : extraterritorial obligations in the European Convention on Human Rights after the Iraq conflict (2003) |
| Beschreibung: | xv, 237 Seiten |
| ISBN: | 9781509914739 978-1-5099-1473-9 |