The European Court of Human Rights

Full Title:

The European Court of Human Rights

Author:

Nußberger, Angelika

Statement of Responsibility:

Angelika Nussberger

Series:

Elements of international law

Language:

English

Description:

256 p.

Summary:

Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions...

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Summary:

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Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.

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Contents:

Cover -- The European Court of Human Rights -- Copyright -- Series Editors' Preface -- Preface -- Contents -- Table of Cases -- Table of...

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Contents:

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Cover -- The European Court of Human Rights -- Copyright -- Series Editors' Preface -- Preface -- Contents -- Table of Cases -- Table of International Treaties and Documents -- List of Abbreviations -- Introduction -- 1. The Court Over Sixty Years -- 1. International treaties and the zeitgeist -- 2. The 1940s-​Concepts, plans, and fruitful discussions in a newly divided world -- 3. The 1950s-​Successful negotiations, soft revolution, and a slow start -- 4. The 1960s-​Reflection and preparation -- 5. The 1970s-​Breakthrough and innovation -- 6. The 1980s-​Sleeping beauty slowly waking up 7. The 1990s-​Common values for Europe as a whole -- 8. The 2000s-​Exponential growth -- 9. The 2010s-​New challenges and consolidation -- 2. Organization, Personnel, and Procedure -- 1. Foundational principles -- 2. Composition of the Bench-​challenge of diversity -- 3. Role of the Registry-​backbone of the institution -- 4. Procedures -- 5. Judicial formations -- 6. Decision-​making procedure -- 7. Language and style -- 8. The Court as a part of human rights culture in Europe -- 3. Convention Law and Basic Doctrine -- 1. Non-​doctrinal doctrine -- 2. Effective protection 3. Living-​instrument doctrine -- 4. European consensus -- 5. Margin of appreciation -- 6. Subsidiarity -- 7. Proportionality test and overall assessment -- 8. Procedural versus substantive violations -- 9. Negative versus positive obligations -- 10. Autonomous interpretation -- 11. Modesty and influence -- 4. The Court and Domestic and International Legal Systems -- 1. The ECtHR's role from pioneer to competitor -- 2. Implementation of the Convention in different constitutional settings -- 3. Interaction between the ECtHR and the ECJ 4. Overlap between general international law and Convention law -- 5. Judgments and Efficacy --
1. Light and shadow-​evaluation of the Convention system by its Member States -- 2. The control system before and after 1998 -- 3. Shared responsibility -- 4. Follow-​up to binding judgments -- 5. Specific implementation problems in specific member States -- 6. Efficacy of the work of the ECtHR -- 6. Successes, Problems, and Potential -- 1. The Court and European politics -- 2. The Court and life in modern society in Europe -- 3. The Court and global politics -- 4. Chances and limits -- Bibliography

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Publisher & Date:

Oxford : Oxford University Press, 2020.

Date of Publication:

2020

Publisher:

Oxford University Press

Classification:

D 30.6.1

ISBN:

9780198849650