Book contents
- Judicial Convergence and Fragmentation in International Human Rights Law
- Judicial Convergence and Fragmentation in International Human Rights Law
- Copyright page
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- Part I Introducing and Assessing Fragmentation and Convergence in International Human Rights Law
- Part II Factors Explaining Judicial Convergence and Fragmentation
- 3 The Theory of Treaty Interpretation and Judicial Dialogue
- 4 The Composition of the Courts and Other Adjudicative Bodies and the Role of Their Secretariats
- 5 Calibrating Judicial Scrutiny
- 6 Deference, Subsidiarity and Regional Consensus
- 7 Outside the Courtroom
- Conclusions
- Book part
- Index
7 - Outside the Courtroom
The Role of NGOs and the Obstacles to Litigation
from Part II - Factors Explaining Judicial Convergence and Fragmentation
Published online by Cambridge University Press: 22 December 2022
- Judicial Convergence and Fragmentation in International Human Rights Law
- Judicial Convergence and Fragmentation in International Human Rights Law
- Copyright page
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- Part I Introducing and Assessing Fragmentation and Convergence in International Human Rights Law
- Part II Factors Explaining Judicial Convergence and Fragmentation
- 3 The Theory of Treaty Interpretation and Judicial Dialogue
- 4 The Composition of the Courts and Other Adjudicative Bodies and the Role of Their Secretariats
- 5 Calibrating Judicial Scrutiny
- 6 Deference, Subsidiarity and Regional Consensus
- 7 Outside the Courtroom
- Conclusions
- Book part
- Index
Summary
This chapter moves away from the judicial behaviour of human rights systems and explores how other factors may influence convergence and fragmentation. First, it shows the reader how non-governmental organisations can be determinant in fostering convergence or triggering fragmentation through different activities. Thy include direct intervention in litigation, lobbying or through third party interventions, that is, amicus curiae. Second, it analyses all the instances where fragmentation does not arise simply because the case does not reach the merits stage. The increasing habit of regional court to encourage applicants to resort to friendly settlements could significantly limit the instances of fragmentation.
- Type
- Chapter
- Information
- Judicial Convergence and Fragmentation in International Human Rights LawThe Regional Systems and the United Nations Human Rights Committee, pp. 228 - 243Publisher: Cambridge University PressPrint publication year: 2023