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Judicial Convergence and Fragmentation in International Human Rights Law The Role of NGOs and the Obstacles to Litigation
from Part II - Factors Explaining Judicial Convergence and Fragmentation
Published online by Cambridge University Press: 22 December 2022
This chapter moves away from the judicial behaviour of human rights systems and explores how other factors may influence convergence and fragmentation. First, it shows the reader how non-governmental organisations can be determinant in fostering convergence or triggering fragmentation through different activities. Thy include direct intervention in litigation, lobbying or through third party interventions, that is, amicus curiae. Second, it analyses all the instances where fragmentation does not arise simply because the case does not reach the merits stage. The increasing habit of regional court to encourage applicants to resort to friendly settlements could significantly limit the instances of fragmentation.
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