14 - Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts

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.