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Intentionalism, Textualism, and Evolutive Interpretation

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter looks at the role that drafters' intentions and the text should play in the interpretation of the ECHR. The European Court has been relatively consistent in rejecting intentionalism and ... More


The Strasbourg Court ‘Comes of Age’ (The Judgments of the Late 1970s)

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/9780199207992.003.0008
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines several key judgments from the late 1970s. It begins with an overview which emphasizes the importance of the contribution made by the Court of the late 1970s to the Strasbourg ... More


Treaty Interpretation, Current State Practice,and Other International Law Influences on the Practice of Deference

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter assesses the current practice of states (“consensus”) as another factor affecting the margin of appreciation. It is controversial amongst commentators, some of whom regard it as a ... More


Conceptual Aspects of Interpretation

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0010
Subject:
Law, Public International Law

This chapter examines starting-point conceptual issues of interpretation in international law. The basic questions relate not only to doctrinal aspects, such as the discourse between Sir Hersch ... More


Dynamic and Evolutive Interpretation of the ECHR by Domestic Courts?: An Inquiry into the Judicial Architecture of Europe

Christian Djeffal

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0010
Subject:
Law, Public International Law

The European Court of Human Rights has a long tradition of interpreting the European Convention of Human Rights evolutively, but can national courts also change the meaning of the terms of the ECHR ... More


Rethinking the European Court of Human Rights

Luzius Wildhaber

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0011
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the need fundamentally to reform the Court. The chapter argues that the focus should be on the most serious or structural human rights violations, and that a departure from ... More


The Evolutionary Interpretation of Treaties

Eirik Bjorge

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.001.0001
Subject:
Law, Public International Law, Legal History

The evolutionary interpretation of treaties has proven in recent times to be one of the most controversial topics of the law of treaties. The reason for this is that the evolutionary interpretation ... More


European Consensus and International Law

Ineta Ziemele

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

The concept of ‘European consensus’ is the creation of the European Court of Human Rights. Early on, the Court determined that the European Convention on Human Rights is a living instrument and that, ... More


Conclusion: Evolution Intended

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0006
Subject:
Law, Public International Law, Legal History

Chapter 6 concludes the analysis by showing that the answer to the research question posed in Chapter 1 is that the evolutionary interpretation of treaties is an outcome of the process described in ... More


Accounting for Difference in Treaty Interpretation Over Time

Julian Arato

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0010
Subject:
Law, Public International Law, Constitutional and Administrative Law

The law of treaty interpretation aspires to unity. All treaties are formally subject to the same rules of interpretation, codified in the Vienna Convention. Yet time and again we hear that some kinds ... More


Hard Law or Soft Law—Does it Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR

Angelika Nußberger

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights takes both hard law and soft law seriously, especially when it is necessary to adapt the wording of the European Convention on Human Rights to changed conditions in ... More


Identifying the Problem and the Applicable Law

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

Chapter 1 identifies the cyber threats to international security and the applicable laws. It starts by identifying the main cases of cyber operations against states of which other states were ... More


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