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The European Court of Human Rights: Current Challenges in Historical Perspective

Edited by: Helmut Philipp Aust, Esra Demir-G├╝rsel

ISBN13: 9781839108334
Published: April 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Written by a group of established and emerging experts from diverse backgrounds, this book offers a fresh perspective on the questions and challenges facing the ECHR, bringing together different, and thus far isolated, strands of academic and political debate. Contributions combine historiographical insights with explorations of the current and pressing need for the ECHR to find a role for itself, especially in an environment where there is increased scepticism towards the idea of human rights protection. In particular, the critical conception of the Convention as an ‘alarm bell mechanism’ is examined and assessed in relation to its original goal to prevent authoritarian backsliding.

The European Court of Human Rights: Current Challenges in Historical Perspective will be an important source of reference to academic researchers and students with an interest in human rights, international law and the law and politics of international organisations. It will also appeal to policymakers and legal practitioners due to its examination of pertinent legal and political issues that challenge international organisations.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: The European Court of Human Rights – the past in the present
Helmut Philipp Aust
PART I. CURRENT CHALLENGES OF THE COURT
2. From boom to backlash? The European Court of Human Rights and the transformation of Europe
Mikael Rask Madsen
3. Principled resistance to the European Court of Human Rights and its case law: a comparative assessment
Marten Breuer
4. Can Strasbourg be replicated at a global level? A view from Geneva
Yuval Shany
PART II. HISTORICAL PERSPECTIVES ON CURRENT CHALLENGES: THE DRAFTING HISTORY IN CONTEXT
5. The European Convention on Human Rights and postwar history: why origins matter
Marco Duranti
6. For the sake of unity: the drafting history of the European Convention on Human Rights and its current relevance
Esra Demir-Gursel
7. Asylum and immigration under the European Convention on Human Rights – an exclusive universality?
Prisca Feihle
PART III. HISTORIES AS CASES AND IN THE CASES
8. History as an afterthought: the (re)discovery of Article 18 in the case law of the European Court of Human Rights
Bașak Çalı and Kristina Hatas
9. Rethinking effectiveness: authoritarianism, state violence and the limits of the European Court of Human Rights
Dilek Kurban
10. ‘Never Again’ as a cornerstone of the Strasbourg system: the traces of the Holocaust in the jurisprudence of the European Court of Human Rights
Aleksandra Gliszczyńska-Grabias
11. Historical truth before the European Court of Human Rights
Björnstjern Baade
12. The limits of the European Court of Human Rights vis-à-vis contestation and authoritarianism: concluding
observations
Esra Demir-Gursel
Index