This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states.
Introduction; Yves Haeck and Eva Brems.- Interpretation and Application of the European Convention on Human Rights in the Broader Context of International Law: Myth or Reality?; Cesare Pitea.- Universal Human Rights Law in the United States; Mortimer N.S. Sellers.- The Duty of Cooperation of the Respondent State during the Proceedings before the European Court of Human Rights; Helena De Vylder and Yves Haeck.- Protection by the Law: The Positive Obligation to Develop a Legal Framework to Adequately Protect ECHR Rights; Laurens Lavrysen.- The Adjudication Process and Reasoning at the International Criminal Court: the Lubanga Trial Chamber Judgment, Sentencing and Reparations; Susana SaCouto and Katherine Cleary.- Interim Measures before the Inter-American and African Human Rights Commissions - Strengths and Weaknesses; Clara Burbano-Herrera and Frans Viljoen.- The Law of the Sea and Human Rights in the Hirsi Jamaa and Others v. Italy Judgment of the European Court of Human Rights; Jasmine Coppens.- New Frontiers in American Capital Punishment Litigation; Eric M. Freedman.- The Impact of European Human Rights on Childbirth; Marlies Eggermont.- Res Interpretata: Legal Effect of the European Court of Human Rights' Judgments for other States than those which were Party to the Proceedings; Adam Bodnar.- About the Authors.