Abstract

With the emergence of more specialized regimes for the protection of human rights and the proliferation of treaty bodies, mandated to supervise compliance with these instruments, fragmentation has not only become an issue between human rights law and other fields of international law, but also within the body of human rights law. In this chapter I argue that conflicts of jurisprudence are more likely to occur than conflicts of jurisdiction. And while the general debate is mainly focused on the substantive dimension of fragmentation and on legal techniques for dealing with tensions or conflicts between legal rules or principles, fragmentation in international human rights law is mainly problematic from an institutional perspective: Problems are not caused by incompatible substantive provisions of human rights treaties but rather by colliding institutional preferences and structural biases of the different human rights treaty bodies.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.