Professor Anne van Aaken (University of St. Gallen) and ECtHR Judge Julia Motoc (also connected to the University of Bucharest) have published the edited volume ‘The European Convention on Human Rights and General International Law‘ in the European Society of International Law Series, with Oxford University Press. The book features both academics and judges at the European Court of Human Rights. This is the abstract:
‘The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs.
This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.’
