Chapter

The Specificity of Human Rights and International Law

Benedetto Conforti

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0029
The Specificity of Human Rights and International Law

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This chapter argues that one should not exaggerate the autonomy of the international regime on the protection of human rights. Indeed, the case law of human rights courts shows that there are three different ways of dealing with questions of international law. First, there are actually cases of departure from the common rules of international law, a solution which is, and remains, completely limited to the field of human rights law. Secondly, there are cases of normal application of international law as it is. Lastly, there are cases where the interpretation of international law given by the courts has had an influence on it, contributing to its evolution. These three categories of cases are illustrated by a number of examples.

Keywords: international regime; human rights protection; international law

Chapter.  4829 words. 

Subjects: Public International Law

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