Suchergebnisse

The purpose of this Article is to analyse evolutionary trends in the interpretation of the European Convention on Human Rights (ECHR) by the European Court of Human Rights (ECtHR). To achieve this goal, a wide range of general philosophical methods were used. The Article submits that the ECHR has shown a growing commitment to the evolutionary method of interpretation, using the doctrine of a "living instrument", the ECHR, which is particularly important for Member States with specific problems, although this method limits the scope in the discretion of the State. It is concluded that the interpretative methodology used by the ECHR involves the use of its methods, including increasingly developing methods of consensus, efficiency, judicial activism, comparison, innovative interpretation, autonomous method, and "balance" method. This demonstrates, inter alia, the unlimited potential to improve the ECHR's interpretation of conventional standards. In the context of modern transformations in the direction of proactive international justice, judicial activism objectively departs from a formal application of legal norms and reflects the ECHR's desire to protect the fundamental human rights of individuals and communicatethem.

The International Court of Justice as the main judicial body of the United Nations has had several occasions to rule on human rights aspects. It did so in an advisory manner, but also in legal proceedings. Thus, in its numerous decisions, it had the opportunity to point out that respect for human rights is an international obligation binding on all States. In the context of the Court's interventions in the field of human rights, a number of assessments can be made as to their impact both on States, on international organisations and institutions or on the international community in general. Therefore, what assessment can we make of the role of the International Court of Justice in protecting human rights? I shall therefore first reflect on the effectiveness of its action in the light of international law and then consider the limits of its intervention in the field of human rights. ; International audience ; The International Court of Justice as the main judicial body of the United Nations has had several occasions to rule on human rights aspects. It did so in an advisory manner, but also in legal proceedings. Thus, in its numerous decisions, it had the opportunity to point out that respect for human rights is an international obligation binding on all States. In the context of the Court's interventions in the field of human rights, a number of assessments can be made as to their impact both on States, on international organisations and institutions or on the international community in general. Therefore, what assessment can we make of the role of the International Court of Justice in protecting human rights? I shall therefore first reflect on the effectiveness of its action in the light of international law and then consider the limits of its intervention in the field of human rights. ; La Cour internationale de justice en qualité d'organe judiciaire principal des Nations Unies a eu l'occasion à plusieurs reprises de se prononcer sur des aspects touchant aux droits de l'homme. Elle l'a fait par voie ...