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Summary:

This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.

Table of Contents:

• Foreword; Introduction; International Human Rights Law; Impact of Human Rights on International Law; Results; Contents; Contributors; Part I: Theoretical Approaches and Issues of Fragmentation and Constitutionalisation of International Law by Human Rights Law; Chapter 1: From Law as a Means to Law as an End: About the Influence of International Human Rights Law on the Structure of Int ... ; 1.1 Introduction; 1.2 Law as a Means and Politics as an End as Regards Human Rights Law; 1.2.1 The Distinction Between Law and Politics; 1.2.2 Law as a Means for Politics: About the Effectiveness of Law?
• 1.3 Law as a Means and an End: About the Articulation Between Positive Law and Natural Law1.3.1 Human Rights Law Rules as an End; 1.3.2 Rules of Other Bodies of International General Law as a Result; 1.4 Conclusion; References; Chapter 2: Jus Cogens and Human Rights: Interactions Between Two Factors of Harmonization of International Law; 2.1 Introduction; 2.2 Jus Cogens and Human Rights, Potential Vectors of Harmonization of International Law; 2.2.1 The Shared Values of Jus Cogens and Human Rights; 2.2.2 Enforcement Mechanisms to Achieve Harmonization.
• 2.3 The Harmonization of International Law Through Jus Cogens Compromised2.3.1 Jus Cogens, Limited in Its Scope; 2.3.2 The Undesired Potential Effects of Jus Cogens as Vector of Harmonization of International Law; 2.4 Conclusion; References; Chapter 3: Are Human Rights Law Rules ̀S̀peciaĺ́? Study on Interactions Between Human Rights Law Rules and Other Internationa ... ; 3.1 Introduction; 3.2 Human Rights Law as a Gathering of Special Regimes; 3.3 The Absence of Autonomy of Human Rights Regimes from International Law.
• 3.3.1 The Relevance of Rules of Entry into Force and Application of Treaties Provided for by International Law3.3.2 The Relevance of Rules of Interpretation Provided for by International Law; 3.4 Practical Solutions Adopted in Order to Deal with Interactions Between Human Rights Law Rules and Other International Law ... ; 3.4.1 Reliance by Courts and Tribunals on Their Limited Jurisdiction; 3.4.2 Reliance by Courts and Tribunals on Jus Cogens; 3.5 Conclusion; References; Chapter 4: Human Rights and Interpretation: Limits and Demands of Harmonizing Interpretation of International Law.
• 4.1 Introduction4.2 The ILCś ̀S̀ystemic Integratioń́ and the ECtHRś Approach to Interpretation; 4.3 Methods of Interpretation as Group Specific Rules; 4.3.1 The Nature of Interpretation and the Interpreterś Role; 4.3.2 Positive Rules of Interpretation and Interpretive Communities; 4.3.3 A Multitude of Interpretive Communities in PIL; 4.4 Application on the Interpretation of the ECHR; 4.5 Conclusions; References; Part II: Traditional Concepts of International Law Revisited by Human Rights?

Contributors:

Weiss, Norman, Dr. iur , editor

Thouvenin, Jean-Marc , editor

Languages:

English

Language Notes:

Item content: English

Other Related Resources:

Print version: Influence of Human Rights on International Law [by Weiá, N.] (Dordrecht : Springer, ©2015 — ISBN 9783319120201)

Subjects:

International law and human rights

Genres:

proceedings (reports)

Conference papers and proceedings

General Notes:

Includes index.
Description based on: Online resource; title from PDF title page (SpringerLink, viewed March 3, 2015).

Physical Description:

1 online resource (xi, 248 pages)

Digital Characteristics:

text file

Call Numbers:

KZ1266 .I545 2015eb

ISBNs:

9783319120218 (electronic bk.)
3319120212 (electronic bk.)
3319120204
9783319120201
9783319120225 (print) [Invalid]
3319120220
9783319377421 (print) [Invalid]
3319377426
9783319120201 [Invalid]

Other Standard Numbers:

Digital Object Identifier: 10.1007/978-3-319-12021-8

OCLC Numbers:

904131854