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7 - Outside the Courtroom

The Role of NGOs and the Obstacles to Litigation

from Part II - Factors Explaining Judicial Convergence and Fragmentation

Published online by Cambridge University Press:  22 December 2022

Elena Abrusci
Affiliation:
Brunel University
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Summary

This chapter moves away from the judicial behaviour of human rights systems and explores how other factors may influence convergence and fragmentation. First, it shows the reader how non-governmental organisations can be determinant in fostering convergence or triggering fragmentation through different activities. Thy include direct intervention in litigation, lobbying or through third party interventions, that is, amicus curiae. Second, it analyses all the instances where fragmentation does not arise simply because the case does not reach the merits stage. The increasing habit of regional court to encourage applicants to resort to friendly settlements could significantly limit the instances of fragmentation.

Type
Chapter
Information
Judicial Convergence and Fragmentation in International Human Rights Law
The Regional Systems and the United Nations Human Rights Committee
, pp. 228 - 243
Publisher: Cambridge University Press
Print publication year: 2023

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  • Outside the Courtroom
  • Elena Abrusci, Brunel University
  • Book: Judicial Convergence and Fragmentation in International Human Rights Law
  • Online publication: 22 December 2022
  • Chapter DOI: https://doi.org/10.1017/9781009090964.012
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  • Outside the Courtroom
  • Elena Abrusci, Brunel University
  • Book: Judicial Convergence and Fragmentation in International Human Rights Law
  • Online publication: 22 December 2022
  • Chapter DOI: https://doi.org/10.1017/9781009090964.012
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Outside the Courtroom
  • Elena Abrusci, Brunel University
  • Book: Judicial Convergence and Fragmentation in International Human Rights Law
  • Online publication: 22 December 2022
  • Chapter DOI: https://doi.org/10.1017/9781009090964.012
Available formats
×