The development of international law by the European Court of Human Rights
著者
書誌事項
The development of international law by the European Court of Human Rights
（The Melland Schill monographs in international law）
Manchester University Press , Distributed exclusively in the USA and Canada by St. Martin's Press, 1993
2nd ed
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注記
Includes index
内容説明・目次
内容説明
It was in the aftermath of the devastation and human suffering brought about by World War II and the brutal policies of the Nazi regime that the governments of Western Europe concluded the European Convention on Human Rights and Fundamental Freedoms in 1950. The Convention has now been in force for many years and has been ratified by all the member countries of the Council of Europe. Most of the Parties have accepted the jurisdiction of the European Court of Human Rights which can decide disputes between them arising out of the convention and also, and more significantly, can adjudicate in cases brought to it by the European Commission of Human Rights, or by a State concerned, cases which originate in a petition from an individual or group claiming to be the victim of a breach of some provision of the Convention by a State Party. This volume examines the Court's jurisprudence from the perspective of its contribution to the development of international law, or more particularly, its significance for, or understanding of, the international judicial process generally and of the role of adjudication in developing an international law of human rights.
The focus is therefore on the Court, its place in the Strasbourg institutional system, its approach to and methods of interpretation of the unavoidably open-textured language of the human rights provisions and its resort to some general principles of law. Two concluding chapters take a somewhat wider perspective and consider, respectively, the Convention in the context of general international law and other related treaties, and issues of ideology and international human rights law, including two contrasting ideologies denominated as "tough conservatism" and "benevolent liberalism".
目次
- The Court as an international institution
- the Court's judgements
- the Court's conception of the Strasbourg system
- the Court's methods of interpretation
- the effectiveness principle
- human rights and democratic values
- the margin of appreciation
- general principles of law
- the Convention and international law
- ideology and international human rights law.
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