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1 results

  • 7 - Outside the Courtroom

  • from Part II - Factors Explaining Judicial Convergence and Fragmentation
  • Elena Abrusci, Brunel University
  • Book:
    Judicial Convergence and Fragmentation in International Human Rights Law
    Published online:
    22 December 2022
    Print publication:
    05 January 2023, pp 228-243

  • Summary

    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.