The Influence of Human Rights on International Law

This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international eco

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Influence of Human Rights on International Law

The Influence of Human Rights on International Law

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Norman Weiß • Jean-Marc Thouvenin Editors

The Influence of Human Rights on International Law

Editors Norman Weiß University of Potsdam Potsdam Germany

Jean-Marc Thouvenin Universite´ Paris Ouest Nanterre la De´fense Nanterre la De´fense France

ISBN 978-3-319-12020-1 ISBN 978-3-319-12021-8 (eBook) DOI 10.1007/978-3-319-12021-8 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2015932460 © Springer International Publishing Switzerland 2015 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. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. 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. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Foreword

This book presents a discussion on the influence of human rights on international law. Why and how, if so, does human rights law influence other parts of international law or the basic structure of international law as a whole? Is there a streamlining effect resulting from human rights law that leads to the constitutionalization of international law? The book is based on the proceedings of a research workshop held in Tbilisi (Georgia) in September 2012. French, Georgian, and German researchers met, had vivid discussions, and learned from each other on this very important subject. The research workshop was fu