This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights?
At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia.
Thisbook follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Table of Content
Part I: General Introduction.- Part II: International and Regional Courts of General Jurisdiction as Human Rights Courts.- Part III: Obligations Imposed by Human Rights Treaties With Regard to the Implementation of Human Rights by Domestic Courts.- Part IV: The Role of Courts in the Domestic Implementation of International Human Rights.
About the author
Stefan Kadelbach is Professor of Public, International, and European Law at the Goethe University in Frankfurt am Main, Germany. From 2014–2016 he served as co-rapporteur on the ILA International Human Rights Law Committee.
Thilo Rensmann is Professor of Public, International, and European Law at the University of Augsburg, Germany. From 2014–2016 he served as co-rapporteur on the ILA International Human Rights Law Committee.
Eva Rieter is Senior Researcher and Assistant Professor in Public International Law and Human Rights Law at Radboud University, Nijmegen, the Netherlands. From 2012–2014 she served as co-rapporteur on the ILA International Human Rights Law Committee.