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Author:   Helmut Philipp Aust ,  Esra Demir-Gürsel
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 15.60cm , Height: 2.20cm , Length: 23.40cm
Weight:   0.586kg
ISBN:  

9781839108334

ISBN 10:   1839108339
Pages:   296
Publication Date:   20 April 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: 1 Introduction: The European Court of Human Rights – the past in the present 1 Helmut Philipp Aust PART I CURRENT CHALLENGES OF THE COURT 2 From boom to backlash? The European Court of Human Rights and the transformation of Europe 21 Mikael Rask Madsen 3 Principled resistance to the European Court of Human Rights and its case law: a comparative assessment 43 Marten Breuer 4 Can Strasbourg be replicated at a global level? A view from Geneva 71 Yuval Shany PART II HISTORICAL PERSPECTIVES ON CURRENT CHALLENGES: THE DRAFTING HISTORY IN CONTEXT 5 The European Convention on Human Rights and postwar history: why origins matter 90 Marco Duranti 6 For the sake of unity: the drafting history of the European Convention on Human Rights and its current relevance 109 Esra Demir-Gürsel 7 Asylum and immigration under the European Convention on Human Rights – an exclusive universality? 133 Prisca Feihle PART III HISTORIES AS CASES AND IN THE CASES 8 History as an afterthought: the (re)discovery of Article 18 in the case law of the European Court of Human Rights 158 Bașak Çalı and Kristina Hatas 9 Rethinking effectiveness: authoritarianism, state violence and the limits of the European Court of Human Rights 177 Dilek Kurban 10 ‘Never Again’ as a cornerstone of the Strasbourg system: the traces of the Holocaust in the jurisprudence of the European Court of Human Rights 200 Aleksandra Gliszczyńska-Grabias 11 Historical truth before the European Court of Human Rights 221 Björnstjern Baade 12 The limits of the European Court of Human Rights vis-à-vis contestation and authoritarianism: concluding observations 244 Esra Demir-Gürsel Index 264

Reviews

'An original, unique and fundamental contribution to the widespread debate on the very idea of an international system for protecting human rights that directly affects the European Court of Human Rights, ''the conscience of Europe''. In revisiting history from a contemporary perspective, this work provides an outstanding critical analysis of the Court's alarm bell function in the most sensitive areas of human rights. An illuminating book in which the past enlightens the present. A must-read for everyone in the field.' - Francoise Tulkens, Former Vice-President of the European Court of Human Rights 'In what ways can the study of history inform current debates about the European Court of Human Rights? Uniting some of the academy's most thoughtful writers on the European Court, this volume explores the uses, misuses and insights of history in analyzing both the Court's jurisprudence and its evermore contested political role. The volume provides depth to current debates and will speak to lawyers, legal scholars, and historians of Europe alike.' - Alexandra Huneeus, University of Wisconsin-Madison, US

'An original, unique and fundamental contribution to the widespread debate on the very idea of an international system for protecting human rights that directly affects the European Court of Human Rights, the conscience of Europe . In revisiting history from a contemporary perspective, this work provides an outstanding critical analysis of the Court's alarm bell function in the most sensitive areas of human rights. An illuminating book in which the past enlightens the present. A must-read for everyone in the field.' -- Francoise Tulkens, Former Vice-President of the European Court of Human Rights

'An original, unique and fundamental contribution to the widespread debate on the very idea of an international system for protecting human rights that directly affects the European Court of Human Rights, the conscience of Europe . In revisiting history from a contemporary perspective, this work provides an outstanding critical analysis of the Court's alarm bell function in the most sensitive areas of human rights. An illuminating book in which the past enlightens the present. A must-read for everyone in the field.' -- Francoise Tulkens, Former Vice-President of the European Court of Human Rights 'In what ways can the study of history inform current debates about the European Court of Human Rights? Uniting some of the academy's most thoughtful writers on the European Court, this volume explores the uses, misuses and insights of history in analyzing both the Court's jurisprudence and its evermore contested political role. The volume provides depth to current debates and will speak to lawyers, legal scholars, and historians of Europe alike.' -- Alexandra Huneeus, University of Wisconsin-Madison, US

Author Information

Edited by Helmut Philipp Aust, Professor of Public and International Law, Freie Universität Berlin, Germany and Esra Demir-Gürsel, Georg Forster Postdoctoral Research Fellow, Faculty of Law, Humboldt-Universität zu Berlin, Germany

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