Contesting Human Rights
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Contesting Human Rights

Norms, Institutions and Practice

Edited by Alison Brysk and Michael Stohl

Illustrated with case studies from across the globe, Contesting Human Rights provides an innovative approach to human rights, and examines the barriers and changing pathways to the full realisation of these rights. Presenting a thorough proposal for the reframing of human rights, the volume suggests that new opportunities at, and below, the state level, and creative pathways of global governance can help reconstruct human rights in the face of modern challenges.
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Chapter 6: The trans-regional construction of human rights

Wayne Sandholtz and Adam Feldman

Abstract

The European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples’ Rights apply their respective regional treaties. But they also view the regional rights systems as embedded in a global human rights regime and interpret regional rights in light of broader international human rights norms. In doing so, they sometimes cite each other, importing and exporting human rights ideas and principles. Though the decisions of one court do not constitute formal precedent in another, we argue that cross-citations among them play a coordinating role. The regional human rights courts are thus constructing a nascent trans-regional human rights jurisprudence, an emerging frontier in international human rights.

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