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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


Fifty Years of the International Convention on the Elimination of all Forms of Racial Discrimination: A Living Instrument

David Keane and Annapurna Waughray (eds)

Published in print:
2017
Published Online:
May 2018
ISBN:
9781784993047
eISBN:
9781526132284
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781784993047.001.0001
Subject:
Law, Human Rights and Immigration

Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a ... More


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


Domestic Application of the ECHR: Courts as Faithful Trustees

Eirik Bjorge

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198743637
eISBN:
9780191803246
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743637.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book seeks to provide an answer to the question: what is the proper role of the domestic courts in the application of the European Convention on Human Rights (ECHR)? This question bears both on ... More


What’s Wrong with (Some) Judges? Al-Skeini, Al-Jedda, Smith, and the Fog of War

Nigel Biggar

in What's Wrong with Rights?

Published in print:
2020
Published Online:
September 2020
ISBN:
9780198861973
eISBN:
9780191894770
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861973.003.0011
Subject:
Religion, Religion and Society

What is wrong with rights might lie in several places. Some accuse the very concept of a right belonging to an individual as a kind of property. Chapter 6 considered this charge and found it wanting. ... More


Introduction

Claire Fenton-Glynn

in Children and the European Court of Human Rights

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198787518
eISBN:
9780191829628
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787518.003.0001
Subject:
Law, Family Law, Human Rights and Immigration

This chapter provides a brief introduction to the European Convention on Human Rights (ECHR), and the European Court of Human Rights (ECtHR), as it relates to children. Over the past 60 years, the ... 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


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


Evolutionary Interpretation: ‘The Convention is a Living Instrument’

Eirik Bjorge

in Domestic Application of the ECHR: Courts as Faithful Trustees

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198743637
eISBN:
9780191803246
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743637.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses the idea, in the words of the European Court, that ‘the Convention is a living instrument’. The chapter argues that the domestic courts have taken seriously the notion that if ... More


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