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Part V Institutions and Actors, Ch.29 National Implementation and Interpretation

Nisuke Ando

From: The Oxford Handbook of International Human Rights Law

Edited By: Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 05 December 2020

Subject(s):
National implementation — Treaties, ratification — Treaties, reservations and declarations — Treaties, invalidity, termination, suspension, withdrawal — Treaties, self-executing — Derogations — Incorporation — Exhaustion of local remedies

This article examines the national interpretation and implementation of the global International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It analyses the mechanism of interpretation and implementation and reception of ICCPR and ECHR in the national legal system and considers the national implementation of jurisprudence. This article suggests that the national or domestic implementation of international human rights law or standards reflects �national legal culture� of each state and argues that a multilateral human rights treaty should not be the only forum to analyse the implementation of human rights by national legal system of a state.

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