Exporting the European Convention on Human Rights

This book explores how the European Convention on Human Rights operates and influences on the global stage, examining the judicial dialogue of the ECHR system with comparable legal orders. It identifies the impact of the ECHR within the confines of their jurisprudence and investigates whether there is room for cross-fertilisation between them.

Format: Hardback
Length: 328 pages
Publication date: 20 October 2022
Publisher: Bloomsbury Publishing PLC

The European Convention on Human Rights (ECHR) is a pivotal instrument in the protection of human rights on a global scale. Its influence extends far beyond the boundaries of Europe, as evidenced by its impact on legal systems around the world. This book delves into the intricate relationship between the ECHR and its interpretation by the European Court of Human Rights (ECtHR). It explores the extent to which the ECHR's norms, doctrines, and methods of interpretation have been exported to equivalent systems that also seek to protect fundamental rights.

The book conducts a horizontal and multifaceted study of regional and global legal orders to identify the impact of the ECHR within their jurisprudence. It primarily focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights, and the United Nations Human Rights Committee. By examining these bodies' decisions, the book seeks to understand how the ECHR permeates the judicial production of these legal systems.

One of the central questions addressed in the book is whether there is room for cross-fertilization between these legal orders. The authors argue that while there may be differences in approach and methodology, there is potential for mutual learning and collaboration. By sharing experiences and best practices, legal systems can enhance their ability to protect human rights and promote the rule of law.

The book also examines the legal consequences of the interplay between these mechanisms and the ECtHR. It explores how the ECtHR's interpretation of the ECHR affects the legal landscape of other legal systems and how these systems in turn influence the ECHR's development. This dynamic interplay is crucial for the overall functioning of international human rights law, as it ensures that human rights are protected consistently and effectively across different regions and legal systems.

In conclusion, this book provides a comprehensive and insightful examination of the ECHR's influence on the global stage. It sheds light on the extent to which the ECHR's norms, doctrines, and methods of interpretation have been exported to equivalent systems and explores the potential for cross-fertilization between these legal orders. The book's findings will be of great interest to scholars, practitioners, and policymakers in the field of international human rights law.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509952434