The Influence of Human Rights on International Law

ISBN-13: 9783319120201 / Angielski / Twarda / 2015 / 248 str.

Norman Weiss; Jean-Marc Thouvenin

Opis

This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.

Spis treści

Audrey Soussan: From Law as a Means to Law as an End: About the Influence of International Human Rights Law on the Structure of International Law Rules.- Erika Hennequet: Jus Cogens and Human Rights: Interactions Between Two Factors of Harmonization of International Law.- Marianne Lamour: Are Human Rights Law Rules “Special”?: Study on Interactions Between Human Rights Law Rules and Other International Law Rules.- Julian Udich: Human Rights and Interpretation: Limits and Demands of Harmonizing Interpretation of International Law.- Sebastian tho Pesch: The Influence of Human Rights on Diplomatic Protection: Reviving an Old Instrument of Public International Law.-  Isabella Risini: The Inter-State Application at the European Court of Human Rights as Actio Popularis.- Andreas S. Kolb: The “Responsibility While Protecting”: A Recent Twist in the Evolution of the “Responsibility to Protect”.-  Marjorie Beulay: Human Rights Protection and the Notion of Responsibility: Some Considerations About the European Case Law on State’s Activities Under U.N. Charter.- Jean-Marc Thouvenin: International Economic Sanctions and Fundamental Rights: Friend or Foe?.- Anne-Laure Vaurs-Chaumette: Provisional Release in International Criminal Proceedings: The Limits of the Influence of Human Rights Law.- Stefan Lorenzmeier: WTO and Human Rights.- Sarah Schadendorf: Investor-State Arbitrations and the Human Rights of the Host State’s Population – An Empirical Approach to the Impact of Amicus Curiae Submissions.- Camille Papinot: The Assertion of Subjective Rights for Migrant Workers.-  Sinthiou Estelle Buszewski: The Individual, the State and a Cosmopolitan Legal Order.-  Tobias Dolle: Human Rights Clauses in EU Trade Agreements: The New European Strategy in Free Trade Agreements Negotiations Focuses on Human Rights - Advantages and Disadvantages.- Astrid Epiney and Benedikt Pirker: The Binding Effect of EU Fundamental Rights for Switzerland.