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The European Convention on Human Rights and General International Law | Oxford Scholarship Online
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The European Convention on Human Rights and General International Law

Anne van Aaken and Iulia Motoc

Abstract

The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. But the Court does not always follow general international law closely and develops its own doctrines. Its decisions are influential for national courts as well as other international courts and tribunals, thereby, at times, influencing general international law. There is ... More

Keywords: European Convention of Human Rights, General International Law, Fragmentation, Judicial Dialogue, sources, interpretation, jurisdiction, state responsibility and immunity

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198830009
Published to Oxford Scholarship Online: November 2018 DOI:10.1093/oso/9780198830009.001.0001

Authors

Affiliations are at time of print publication.

Anne van Aaken, editor
Professor for Law and Economics, Legal Theory, Public International Law and European Law, University of St. Gallen, Switzerland

Iulia Motoc, editor
Judge, European Court on Human Rights

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Contents

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Introduction

Anne van Aaken, Iulia Motoc, and Johann Justus Vasel

Part I Sources

Part II Interpretation

Part III Jurisdiction

Part IV Responsibility

12 Punitive Damages in Strasbourg

Paulo Pinto de Albuquerque and Anne van Aaken

Part V Immunity

13 A Moving Target

Philippa Webb*

Conclusion

Antônio Augusto Canҫado Trindade

End Matter