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© 2019

Judging International Human Rights

Courts of General Jurisdiction as Human Rights Courts

  • Stefan Kadelbach
  • Thilo Rensmann
  • Eva Rieter

Benefits

  • Study of courts of general jurisdiction at both international and domestic level

  • Comparative analysis of the implementation of human rights covering regional human rights systems, regional economic communities and domestic jurisdictions in Europe, the Americas, Asia and Africa

  • Contributions from a unique range of academics and practitioners from around the globe

Book

Table of contents

  1. Front Matter
    Pages i-xv
  2. General Introduction

  3. International and Regional Courts of General Jurisdiction as Human Rights Courts

    1. Front Matter
      Pages 101-101
    2. Marcilio Toscano Franca Filho, Lucas Lixinski, Belén Olmos Giupponi
      Pages 201-221
  4. Obligations Imposed by Human Rights Treaties with Regard to the Implementation of Human Rights by Domestic Courts

    1. Front Matter
      Pages 255-255
    2. Johannes van Aggelen
      Pages 257-278
    3. Paulo Pinto de Albuquerque
      Pages 279-289
    4. Christina Cerna
      Pages 291-311
    5. Yakaré-Oulé (Nani) Jansen Reventlow, Rosa Curling
      Pages 313-341
  5. The Role of Courts in the Domestic Implementation of International Human Rights

    1. Front Matter
      Pages 343-343
    2. Matthias Herdegen
      Pages 345-387
    3. Christina Cerna
      Pages 389-410
    4. Liliana Lyra Jubilut, Marcilio Toscano Franca Filho
      Pages 411-422

About this book

Introduction

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. 
This book 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.

Keywords

International Human Rights Law Regional Human Rights Systems Domestic Courts and International Law Courts of Regional Economic Communities International Court of Justice ICJ European Court of Justice Human Rights Human Rights and the law of armed conflict

Editors and affiliations

  • Stefan Kadelbach
    • 1
  • Thilo Rensmann
    • 2
  • Eva Rieter
    • 3
  1. 1.Faculty of LawGoethe UniversityFrankfurt am MainGermany
  2. 2.Faculty of LawAugsburg UniversityAugsburgGermany
  3. 3.Faculty of LawRadboud UniversityNijmegenThe Netherlands

About the editors

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.

Bibliographic information