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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Separate Opinion: European Court of Human Rights (ECtHR)

Anatoly Kovler

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Deliberation and drafting — Concurring, dissenting, separate, joint or individual opinions

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The concept of separate opinion in some international judicial organs is inspired by the common law system and is an expression of the openness of international adjudication, especially in the field of human rights. It is also necessary to consider the fact that ‘the international judicial organs include members representing different systems and cultures, and, as the case might be, different approaches as to the applicable law and to the solutions adopted by the majority’ (Roucounas, 2011, 501; Representation of Cultural Diversity in International Adjudicatory...
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