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The Reception of International Law in the European Court of Human Rights$
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Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

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Conclusion

Conclusion

Chapter:
(p.352) Conclusion
Source:
The Reception of International Law in the European Court of Human Rights
Author(s):

Magdalena Forowicz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592678.003.0010

The synthesis of this book evaluates how the Court and the Commission have behaved overall with respect to the areas of international law analysed. The ECHR system is viewed from a wider perspective, namely through the prism of fragmented international law. This chapter evaluates various factors which have played a role in the reception of international law. In this context, the aim is to list the most influential cross-cutting factors which appeared in the case law. The influence of these factors is the evaluated from a comparative perspective in accordance to the research results obtained with regard to each regime. In light of the results obtained, the chapter analyses the nature of the ECHR regime and its interactions with other special and general regimes. The research results are presented in three concise tables.

Keywords:   fragmentation, systemic interpretation, special regime, general international law, international legal order, conflict rules

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