Book contents
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
14 - Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
Published online by Cambridge University Press: 22 July 2019
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
Summary
In the concluding chapter, the editor engages in a comparative and theory-building exercise across the jurisdictions covered in the book. There are important differences between international non-human-rights courts as to the legal basis for their application of human rights norms. While due process rights of the parties appearing before it, and systemic integration, are available for all courts, there are marked differences in issues such as standing by individuals, the status of human rights norms as applicable substantive law or basis for jurisdiction, and the patterns concerning which categories of human rights have made their way into other international courts. There are also clear examples of ‘other’ courts widening the scope of justiciable human rights, for instance through applying economic, social and cultural rights, or the right to property, or collective rights of peoples beyond the practice of actual human rights courts. In their application of human rights norms, 'other' international courts have at least so far tended to do so reflecting more the trend of humanisation, rather than constitutionalisation, of international law.
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- Human Rights Norms in ‘Other' International Courts , pp. 438 - 462Publisher: Cambridge University PressPrint publication year: 2019