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Judicial Convergence and Fragmentation in International Human Rights Law The Notions of Necessity and Proportionality
from Part II - Factors Explaining Judicial Convergence and Fragmentation
Published online by Cambridge University Press: 22 December 2022
This chapter discusses the interpretation and application of the complex notions of necessity and proportionality, a cornerstone for any human rights adjudication and rights balancing exercise. Through an original and comprehensive analysis of the practice of the human rights bodies, this chapter shows the reader how these bodies managed to reach convergence on the interpretation and application of necessity and proportionality, despite all the impending factors.
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