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The friendly settlement procedure is an important tool for the
reduction of the European Court of Human Rights' (ECtHR) case load.
Recent practice demonstrates that this procedure is increasingly
resorted to by applicants and Contracting States. Friendly
Settlements before the European Courtof Human Rights evaluates this
largely unexplored instrument from doctrinal as well as practical
perspectives, making recommendations to render the negotiations
before the ECtHR more efficient and professional.
The book examines questions relating to the admissibility as well
as to the practical manageability of friendly settlements. In
contrast to ordinary civil proceedings, the friendly settlements
procedure has a mixed legal character: while settlements are an
inter-partes procedure, they are also binding under international
law, as the ECtHR often hands them down in the form of a judgment.
In this context, the question arises as to how far the proceedings
can be 'privatized' and where the limits to the monetization of
human rights violation lie. This book evaluates possible abuses and
identifies the precautions that need to be taken in the framework
of friendly settlements. This issue is linked to the question of
whether the legal framework which governs the conclusion of a
friendly settlement should be formulated in a more concrete manner,
given that the position of the parties is unequal and that the role
of the Court is hardly defined in this context. Furthermore, the
book empirically examines whether the friendly settlement procedure
is as advantageous in comparison to ordinary proceedings as others
have argued. It also questions whether the friendly settlements
procedure can provide the applicant with 'more money faster'.
The growing number of international courts and tribunals and their
bourgeoning case law have fuelled concerns about the fragmentation
of international law. This arises as a consequence of both the
specialized regimes these courts create and the multiple ways in
which they may interpret international law emanating from other
sources.
This book considers this issue by examining the busiest and
arguably most successful international court, the European Court of
Human Rights. More specifically, it focuses on the jurisprudence of
the Court and its predecessor, the European Commission of Human
Rights, covering a range of special human rights regimes, treaty
law, and the case law of the International Court of Justice.
The author assesses whether the Court has been able to adopt a
coherent, comprehensive approach to the interpretation and
evaluation of international law and thus the extent to which it has
been able to contribute to the development and coherence of
international law.
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Nadine Gordimer
Paperback
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R205
R164
Discovery Miles 1 640
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