Judging International Human Rights Courts of General Jurisdiction as
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular pro
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ing International Human Rights Courts of General Jurisdiction as Human Rights Courts
Judging International Human Rights
Stefan Kadelbach • Thilo Rensmann • Eva Rieter Editors
Judging International Human Rights Courts of General Jurisdiction as Human Rights Courts
Editors Stefan Kadelbach Faculty of Law Goethe University Frankfurt am Main, Germany
Thilo Rensmann Faculty of Law Augsburg University Augsburg, Germany
Eva Rieter Faculty of Law Radboud University Nijmegen, The Netherlands
ISBN 978-3-319-94847-8 ISBN 978-3-319-94848-5 https://doi.org/10.1007/978-3-319-94848-5
(eBook)
Library of Congress Control Number: 2018961463 © Springer International Publishing AG, part of Springer Nature 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
In memory of Richard B. Lillich (1933–1996)
Preface
The present volume brings together a group of distinguished international experts to discuss the way in which “courts of general jurisdiction” implement and develop international human rights law. This broad approach, which is specifically designed to look beyond specialized “human rights courts”, reflects the increasingly important role played by international and domestic courts in upholding the ideal of a world governed by human rights as formulated in the Universal Declaration of Human Rights in 1948. Seventy years down the road, it appears that we are gradually moving away from the realization of this bold vision. At the international level, we are increasingly confronted with the reality of a multipolar “post-human rights” world. At the domestic level, populist movements vilifying international human rights as undermining traditional national values and the “true” will of the people are on the r
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