Consensus-based interpretation of regional human rights treaties /

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Bibliographic Details
Author / Creator:	Pascual Vives, Francisco José, author.
Imprint:	Leiden ; Boston : Brill Nijhoff, 2019.
Description:	1 online resource
Language:	English
Series:	International studies in human rights ; volume 129
Subject:	International human rights courts. International and municipal law. International law and human rights. Regionalism (International organization) International and municipal law. International human rights courts. International law and human rights. Regionalism (International organization)
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12648281

Hidden Bibliographic Details
ISBN:	9004375511 9789004375512 9789004375529
Notes:	Includes bibliographical references and index. Print version record and CIP data provided by publisher; resource not viewed.
Summary:	In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.
Other form:	Print version: Pascual Vives, Francisco José. Consensus-based interpretation of regional human rights treaties. Leiden ; Boston : Brill Nijhoff, 2019 9789004375529

Table of Contents:

The notion of consensus in public international law
The challenges arising from the specialization and sectoralization of public international law
Subsidiarity as a general principle in international human rights law
Evolutive interpretation as a method of interpretation in public international law
The evolution of regional human rights treaties through the notion of consensus
Scope of the national margin of appreciation
Intrinsic circumstances conditioning the national margin of appreciation
Consensus as an extrinsic circumstance conditioning the national margin of appreciation.

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