Judicial Convergence and Fragmentation in International Human Rights Law
The Regional Systems and the United Nations Human Rights Committee

An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.

Elena Abrusci (Author)

9781316514818, Cambridge University Press

Hardback, published 5 January 2023

256 pages
23.5 x 15.8 x 2.1 cm, 0.6 kg

This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.

Part I. Introducing and Assessing Fragmentation and Convergence in International Human Rights Law: 1. Fragmentation and convergence: context and definitions
2. Assessing and exploring judicial fragmentation 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: the notions of necessity and proportionality
6. Deference, subsidiarity and regional consensus: the margin of appreciation doctrine
7. Outside the courtroom: the role of NGOs and the obstacles to litigation.

Subject Areas: International organisations & institutions [LBBU], International human rights law [LBBR], Human rights [JPVH]