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The Evolution of the European Convention on Human Rights and Fundamental Freedoms

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This chapter provides an overview of the story of the evolution of the European Convention on Human Rights. It comments on the current crisis facing the Court. It then discusses the origins of the ... More


The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Ed Bates

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

The European Convention on Human Rights underwent a spectacular evolution over the first fifty years of its life. In recent times the European Court of Human Rights has been compared to a ... More


The Turn to Justification: On the Structure and Domain of Human Rights Practice

Mattias Kumm

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0015
Subject:
Philosophy, Moral Philosophy, Political Philosophy

There are three puzzling structural features of global human rights practice. First, the scope of recognized rights is often extremely broad, rather than being more narrowly focused on things ... More


Conditional Membership: Socialization and Community Delimitation

Ryan Goodman and Derek Jinks

in Socializing States: Promoting Human Rights through International Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199300990
eISBN:
9780199367610
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199300990.003.0005
Subject:
Political Science, International Relations and Politics

Chapters 5–7 demonstrate that a close analysis of the characteristics and function of each mechanism matters for designing international institutions such as human rights treaties. These chapters ... More


Appreciating the Margin of Appreciation

Andreas Follesdal

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0017
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The European Court of Human Rights (ECtHR) has a practice of granting states a ‘Margin of Appreciation:’ the Court grants states the authority to decide, in some cases, whether they are in compliance ... More


The Margin of Appreciation Revisited: A Response to Follesdal

George Letsas

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0018
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The idea that states have discretion in complying with their human rights obligations, and the idea that human rights obligations should be compatible with a degree of diversity between states, are ... More


Monitoring and Enforcement: Socialization and Rule-Breakers

Ryan Goodman and Derek Jinks

in Socializing States: Promoting Human Rights through International Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199300990
eISBN:
9780199367610
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199300990.003.0007
Subject:
Political Science, International Relations and Politics

Chapters 5–7 demonstrate that a close analysis of the characteristics and function of each mechanism matters for designing multilateral institutions such as human rights treaties. These chapters link ... More


Precision of Legal Obligations: Socialization and Rule-Making

Ryan Goodman and Derek Jinks

in Socializing States: Promoting Human Rights through International Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199300990
eISBN:
9780199367610
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199300990.003.0006
Subject:
Political Science, International Relations and Politics

Chapters 5–7 demonstrate that a close analysis of the characteristics and function of each mechanism matters for designing multilateral institutions such as human rights treaties. These chapters link ... More


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