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
3 - The Theory of Treaty Interpretation and Judicial Dialogue
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
Considering that judicial fragmentation and convergence concern the interpretation of human rights norms and provisions, this chapter discusses how the human rights bodies under analysis engage with the theory of treaty interpretation. In particular, the chapter illustrates how the human rights systems are engaging differently with judicial dialogue. Through a detailed analysis of the practice of each body, this chapter shows how judicial dialogue led to convergence and how the lack of it led to fragmentation. However, the chapter also highlights situations where despite judicial dialogue fragmentation still arose, discussing the duality and complexity of this instrument for the maintenance of convergence.
- Type
- Chapter
- Information
- Judicial Convergence and Fragmentation in International Human Rights LawThe Regional Systems and the United Nations Human Rights Committee, pp. 97 - 134Publisher: Cambridge University PressPrint publication year: 2023