The Evolution of the Margin of Appreciation Doctrine: A Case of Diplomacy in International Human Rights Adjudication?

Hdl Handle:
http://hdl.handle.net/10545/620555
Title:
The Evolution of the Margin of Appreciation Doctrine: A Case of Diplomacy in International Human Rights Adjudication?
Authors:
Ita, Rachael
Abstract:
International human rights courts are faced with the challenge of protecting human rights standards whilst still acknowledging the sovereignty of member states from which they derive their authority. An important tool that is needed in such situations is an approach to the interpretation of the international human rights treaties that contemporaneously protects the rights of individuals and respects the sovereignty of the state parties. In this paper, it is argued that this form of interpretation that tries to strike a balance between these two competing interests of sovereignty on the part of the state, and the protection of the individual’s rights, is a ‘diplomatic’ approach to interpretation because it seeks to ensure a balance for both parties. The paper examines the margin of appreciation doctrine of the European Court of Human Rights (‘the Court’) and proffers it as an example of such a ‘diplomatic tool’ of interpretation. Through an examination of case law on the evolution of the margin of appreciation in the jurisprudence of the Court, it concludes that the fluid nature of the doctrine has made it a useful diplomatic tool of interpretation. The margin of appreciation doctrine remains a necessary part of international human rights in Europe and contributes to the continued legitimacy of the Court.
Affiliation:
University of Derby
Citation:
Ita, R. (2016) 'The Evolution of the Margin of Appreciation Doctrine: A Case of Diplomacy in International Human Rights Adjudication?' Proceedings of the International Conference on Diplomacy and International Relations, Derby, 12 September
Publisher:
College of Law Humanities and Social Sciences, University of Derby
Journal:
Proceedings of the International Conference on Diplomacy and International Relations
Issue Date:
2016
URI:
http://hdl.handle.net/10545/620555
Additional Links:
http://hdl.handle.net/10545/620527
Type:
Working Paper
Language:
en
ISBN:
978-1-910755-07-5
Appears in Collections:
Derby Law School

Full metadata record

DC FieldValue Language
dc.contributor.authorIta, Rachaelen
dc.date.accessioned2016-10-12T14:20:31Z-
dc.date.available2016-10-12T14:20:31Z-
dc.date.issued2016-
dc.identifier.citationIta, R. (2016) 'The Evolution of the Margin of Appreciation Doctrine: A Case of Diplomacy in International Human Rights Adjudication?' Proceedings of the International Conference on Diplomacy and International Relations, Derby, 12 Septemberen
dc.identifier.isbn978-1-910755-07-5-
dc.identifier.urihttp://hdl.handle.net/10545/620555en
dc.description.abstractInternational human rights courts are faced with the challenge of protecting human rights standards whilst still acknowledging the sovereignty of member states from which they derive their authority. An important tool that is needed in such situations is an approach to the interpretation of the international human rights treaties that contemporaneously protects the rights of individuals and respects the sovereignty of the state parties. In this paper, it is argued that this form of interpretation that tries to strike a balance between these two competing interests of sovereignty on the part of the state, and the protection of the individual’s rights, is a ‘diplomatic’ approach to interpretation because it seeks to ensure a balance for both parties. The paper examines the margin of appreciation doctrine of the European Court of Human Rights (‘the Court’) and proffers it as an example of such a ‘diplomatic tool’ of interpretation. Through an examination of case law on the evolution of the margin of appreciation in the jurisprudence of the Court, it concludes that the fluid nature of the doctrine has made it a useful diplomatic tool of interpretation. The margin of appreciation doctrine remains a necessary part of international human rights in Europe and contributes to the continued legitimacy of the Court.en
dc.language.isoenen
dc.publisherCollege of Law Humanities and Social Sciences, University of Derbyen
dc.relation.urlhttp://hdl.handle.net/10545/620527en
dc.subjectmargin of appreciationen
dc.subjectdiplomacyen
dc.subjectinternational lawen
dc.subjecteuropean court of human rightsen
dc.subjecthuman rightsen
dc.titleThe Evolution of the Margin of Appreciation Doctrine: A Case of Diplomacy in International Human Rights Adjudication?en
dc.typeWorking Paperen
dc.contributor.departmentUniversity of Derbyen
dc.identifier.journalProceedings of the International Conference on Diplomacy and International Relationsen
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