Barrionuevo Arévalo, Luis. (2006) Adjudication of International Disputes in Europe: The Role of the European Court of Justice and the European Court of Human Rights. University of Illinois EUC Working Paper, Volume 6, No. 1, 2006. [Working Paper]
Abstract
Over the last 50 years the European Court of Justice and the European Court of Human Rights have built an unprecedented record in the field of international dispute settlement, not only by delivering hundreds of judgments on a diversity of issues every year but also by compelling the compliance of European states with their rulings. The compulsory nature of their jurisdiction, their ability to engage not only states but individuals and national courts in the adjudication process, and the high degree of economic, political and cultural homogeneity of the litigants are some of the factors accounting for such remarkable performance. This Article examines the origin, structure and main features of both courts, as well as their similarities and differences in terms of law applied, jurisdiction and litigation pattern. Mention is also made to the potential for overlapping jurisdiction stemming from recent developments such as the incorporation into European Community law of the human rights standards embodied in the European Convention of Human Rights.
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