1.

Record Nr.

UNINA9910816960203321

Autore

Risini Isabella

Titolo

The inter-state application under the European Convention on Human Rights : between collective enforcement of human rights and international dispute settlement / / By Isabella Risini

Pubbl/distr/stampa

Leiden : , : Brill Nijhoff, , 2018

ISBN

90-04-35726-2

Descrizione fisica

1 online resource (294 pages)

Collana

International studies in human rights ; ; v. 125

Disciplina

341.4/8094

Soggetti

Human rights - Europe

Civil rights - Europe

Law enforcement - European Union countries - International cooperation

International and municipal law - Europe

Dispute resolution (Law) - Europe

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Includes index.

Nota di contenuto

Front Matter -- Copyright Page -- Contents -- Acknowledgements -- Acronyms and Abbreviations, Legal Citation Format -- Any Alleged Breach: The Inter-State Application under the ECHR -- The Inception and Evolution of the Inter-State Application under the European Convention on Human Rights -- International Dispute Settlement and Collective Enforcement Functions of the Inter-State Application Approached Through Comparison -- The Inter-State Case-Law under the European Convention on Human Rights: Approaching the Object and Purpose of the Inter-State Application in Practice -- Reform Considerations: The Inter-State Application between Collective Enforcement and Dispute Settlement.

Sommario/riassunto

The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State



Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty.