Towards an International Human Rights Judiciary?

Abstract

The sharp increase in international courts and tribunals in recent decades, such as the International Tribunal for the Law of the Sea (ITLOS), the WTO dispute settlement system, and the International Criminal Court (ICC), means that the international order is, progressively, subject to the rule of law. There are regional human rights courts in Europe, in the Inter-American system and in Africa, but not yet in Asia. At the global level there are a number of global treaty bodies, such as the Human Rights Committee (HRC) and the Committee Against Torture (CAT). This chapter discusses the functions of the European Court of Human Rights (ECtHR), then the global human rights treaty bodies and courts, and finally the role of national courts. It also examines to what extent the national, regional and global level act together as a comprehensive judiciary, even as a constitutionalized judicial architecture. Keywords: Committee Against Torture (CAT); constitutionalized judicial architecture; European Court of Human Rights (ECtHR); global treaty bodies; Human Rights Committee (HRC); Inter-American system; international courts; International Criminal Court (ICC); ITLOS; WTO dispute settlement system