In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.
Tuesday, April 9, 2019
Pascual-Vives: Consensus-Based Interpretation of Regional Human Rights Treaties
Consensus-Based Interpretation of Regional Human Rights Treaties (Brill | Nijhoff 2019). Here's the abstract: