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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

Elena Abrusci
Affiliation:
Brunel University
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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.

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Judicial Convergence and Fragmentation in International Human Rights Law
The Regional Systems and the United Nations Human Rights Committee
, pp. 97 - 134
Publisher: Cambridge University Press
Print publication year: 2023

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