Giving Due Consideration: A Normative Pathway between UN Human Rights Treaty Monitoring Bodies and Domestic Courts

作者: Machiko Kanetake

DOI: 10.2139/SSRN.3589863

关键词: Law and economicsHuman rightsSpace (commercial competition)ObligationInternational lawTreatyPolitical scienceNormativeDutySet (psychology)

摘要: This chapter analyses normative pathways that guide the deliberative space involving UN human rights treaty monitoring bodies and domestic courts. Judges vary in terms of their degree engagement with body findings. highlights international law itself provides a set justifications sustain varied modes judicial engagement. One such pertains to an obligation consider specific findings bodies. Before courts, explicit reference is rare. Yet variations have guided courts’ The duty its may not create robust paths. Nevertheless, they arguably pave way for sustainable forward-looking by creating opportunities learning self-reflection both