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Fragmentation in International Human Rights Law - Beyond Conflict of Laws (Hardcover)
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Fragmentation in International Human Rights Law - Beyond Conflict of Laws (Hardcover)
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This book explores the effects of institutional fragmentation in
international human rights law, by comparing the rights
jurisprudence of three human rights courts and bodies, namely the
European Court for Human Rights, the Inter-American Court for Human
Rights and the Human Rights Committee. Contributions cover the
areas of freedom of expression (journalism and the media), right to
privacy, freedom of assembly and freedom of association (political
parties), and measure the extent of fragmentation of human rights
protection. Moreover, the volume argues that, while the conflict of
laws approach, favoured by the International Law Commission, might
work in avoiding outright conflict in obligation, in practice it is
not an approach that presents a viable research agenda when it
comes to understanding the causes and consequences of institutional
fragmentation. This is especially evident in areas like
international human rights, where the possibility of a silent drift
between the jurisprudence of the three courts is a real
possibility. This book was originally published as a special issue
of the Nordic Journal of Human Rights.
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