National implementation of ECHR rights

Chapter 1 Application of Conventionality Control Parameters

“…v. France judgement by the ECtHR, 591 national judicial authorities rely on Article 53 of the ECHR to progressively fix higher national standards than the Convention standards. 592 For example, in the 159/2004 decision, the Belgian Constitutional Court stated that it was free to go further than the Strasbourg Court regarding the right to same-sex marriage under Article 12 of the ECHR, referring to Article 53 of the ECHR and Article 5(2) of the ICCPR. 593 The Supreme Court of Norway took a similar approach with regard to the right to present evidence from child witnesses in court, which is found in both Norwegian due process guarantees and the ECHR.…”

The Use of ‘Macro’ Legal Analysis in the Understanding and Development of Global Environmental Governance

“…46 Whilst clearly efforts have been made by the WTO to take environmental issues into account over the last two decades, the overall objectives of the regime have not changed and this has fuelled continued concern. 47 Similarly, within the field of international investment law, agreements that relate inter alia to taxes and royalty payments or labour legislation, and which can encompass provisions related to environmental regulation, 48 of Treaties (VCLT) 59 can assist, a certain degree of convergence may take place, 60 and also there is the potential for overlap management. 61 Having said this, it is not the purpose of this article to provide an assessment of the fragmented nature of public international law and its institutions.…”

“…However, in recent years, a growing corpus of academics and practitioners has argued that 'fragmentation' within public international law should not necessarily be regarded in a negative way. 58 It certainly can be argued that problems related to such fragmentation are not completely intractable as the Vienna Convention on the Law of Treaties (VCLT) 59 can assist, a certain degree of convergence may take place, 60 and there is the potential for overlap management. 61 It is not the purpose of this article to provide an assessment of the fragmented nature of public international law and its institutions.…”