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  1. Home
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  3. Judicial Convergence and Fragmentation in International Human Rights Law
Publisher:
Cambridge University Press
Online publication date:
December 2022
Print publication year:
2023
Online ISBN:
9781009090964
DOI:
https://doi.org/10.1017/9781009090964
Subjects:
Law, Human Rights, Politics and International Relations, International Relations and International Organisations
Information

Book description

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.

Reviews

‘Abrusci presents a very thorough conceptual and empirical groundwork, relevant to any discussion on the potential fragmentation of international law and the multiplication of international judicial and quasi-judicial bodies. … As she always provides the reader with all the information necessary on the institutional landscape or the procedural rules to know, the book is accessible regardless of where the reader academically comes from. It will be a valuable addition to researchers of any field interested in legal pluralism and the fragmentation of international law.’

Audrey M. Plan Source: Human Rights Law Review

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