The European Court of Human Rights

Edited by Helmut Philipp Aust, Professor of Public and International Law, Freie Universität Berlin, Germany and Co-Chair of the ILA Committee on 'Urbanisation and International Law' and Esra Demir-Gürsel, Georg Forster Postdoctoral Research Fellow, Faculty of Law, Humboldt-Universität zu Berlin, Germany

Contents:

1 Introduction: The European Court of Human Rights – the
past in the present 1
Helmut Philipp Aust

PART I CURRENT CHALLENGES OF THE COURT
2 From boom to backlash? The European Court of Human
Rights and the transformation of Europe 21
Mikael Rask Madsen
3 Principled resistance to the European Court of Human
Rights and its case law: a comparative assessment 43
Marten Breuer
4 Can Strasbourg be replicated at a global level? A view
from Geneva 71
Yuval Shany

PART II HISTORICAL PERSPECTIVES ON CURRENT
CHALLENGES: THE DRAFTING HISTORY IN
CONTEXT
5 The European Convention on Human Rights and postwar
history: why origins matter 90
Marco Duranti
6 For the sake of unity: the drafting history of the European
Convention on Human Rights and its current relevance 109
Esra Demir-Gürsel
7 Asylum and immigration under the European Convention
on Human Rights – an exclusive universality? 133
Prisca Feihle

PART III HISTORIES AS CASES AND IN THE CASES
8 History as an afterthought: the (re)discovery of Article 18
in the case law of the European Court of Human Rights 158
Bașak Çalı and Kristina Hatas
9 Rethinking effectiveness: authoritarianism, state violence
and the limits of the European Court of Human Rights 177
Dilek Kurban
10 ‘Never Again’ as a cornerstone of the Strasbourg system:
the traces of the Holocaust in the jurisprudence of the
European Court of Human Rights 200
Aleksandra Gliszczyńska-Grabias
11 Historical truth before the European Court of Human Rights 221
Björnstjern Baade
12 The limits of the European Court of Human Rights
vis-à-vis contestation and authoritarianism: concluding
observations 244
Esra Demir-Gürsel

Index 264