Regulating international cooperation in the context of a regional human rights regime: challenges and promises

Prisca Feihle ()

Chapter 4 in An International Human Rights Law of Cooperation, 2025, pp 60-96 from Edward Elgar Publishing

Abstract: This chapter carves out the potential, but also the specific limitations, of the regional human rights regime under the European Convention on Human Rights (ECHR) for unfolding an international human rights law of cooperation. It uncovers how the drafting history of the ECHR, the scope of application of the rights it protects, as well as their content, hint to an inward-looking understanding of human rights obliging states internally and not in external matters. Nonetheless, the rights protected under the ECHR are in principle open enough to address cooperation between states affecting individuals. The ability of the human rights regime under the ECHR to address international cooperation is very much determined by the role of the European Court of Human Rights (ECtHR). Hence, the chapter explores the legal and institutional factors determining how far the ECtHR could unfold a more cooperative dimension of human rights protection.

Keywords: European Convention on Human Rights; Drafting history; Jurisdiction; Human rights obligations; Admissibility; Subsidiarity (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035335787
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