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This book provides an innovative analysis of the complex issue of
judicial convergence and fragmentation in international human
rights law, moving the conversation forward from the assessment of
the two phenomena and investigating their triggering factors. With
a wide geographical focus that include the most up-to-date case-law
from the three main regional systems (the African, European and
Inter-American) and the UN Human Rights Committee, the book
confirms the predominant judicial convergence across international
human rights law. On this basis, the book engages with an
interdisciplinary investigation into the legal and non-legal
factors that could explain both convergence and fragmentation,
ranging from the use of judicial dialogue and the notions of
necessity and proportionality to the composition of the courts and
the role of NGOs. The aim is to provide the tools to understand the
dynamics between human rights adjudicatory bodies and possibly
foresee future instances of judicial fragmentation.
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