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General international law before human rights courts: assessing the specialty claims of international human rights law
2010, Intersentia
in English
905095958X 9789050959582
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Table of Contents
Background : fragmentation of international law and "human rightism"
Research assumption
Methodological approach
Recurrent references to the concept of law-making treaties (with an independent monitoring organ)
Assessing the "special" approach towards reservations (articles 19-23 VCLT)
Special application of human rights treaties (articles 24-30 VCLT)?
Special approach towards intepretation of human rights treaties (31-33 VCLT)?
Special significance for third parties (articles 34-38 VLCT and 53)?
Special status for the norms enshrined in the ECHR or the ACHR (articles 30, 34-42, 53, 59 and 64 VCLT)?
Withdrawl from human rights treaties (article 56 VCLT)
Specialty claim for various topics of general international law treated by human rights courts
Human rightism or development
Harmony, not autonomy
"Specialty" claims of human rights law are seldom conclusive to depart from general international law
Special status of human rights norms need to be clarified by general international law
International human rights law does not threaten the unity of general international law.
Edition Notes
Revised version of author's Ph.D. thesis, Catholic University of Leuven.
Includes bibliographical references (p. 597-621) and index.
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