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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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The Specificity of Human Rights and International Law

The Specificity of Human Rights and International Law

Chapter:
(p.433) The Specificity of Human Rights and International Law
Source:
From Bilateralism to Community Interest
Author(s):

Benedetto Conforti

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0029

This chapter argues that one should not exaggerate the autonomy of the international regime on the protection of human rights. Indeed, the case law of human rights courts shows that there are three different ways of dealing with questions of international law. First, there are actually cases of departure from the common rules of international law, a solution which is, and remains, completely limited to the field of human rights law. Secondly, there are cases of normal application of international law as it is. Lastly, there are cases where the interpretation of international law given by the courts has had an influence on it, contributing to its evolution. These three categories of cases are illustrated by a number of examples.

Keywords:   international regime, human rights protection, international law

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