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The European Court of Human Rights

Angelika Nussberger

Abstract

After more than thirty years of horror from the outbreak of the Great War in 1914 to the conclusion of Second World War in 1945, the European general population and political leadership thought it absolutely necessary that post-war institutions be created that would make a third European world war less likely. This book introduces us to one such institution, the European Court of Human Rights. The book explores its uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrinal usages. It also shows the Court to be an exciting and instructive new development of modern international law and human rights law. The book traces the history of the Court from its political context in the 1940s to the present day, answering pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.

Bibliographic Information

Angelika Nussberger, author


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Contents