The case-law of the European Court of Human Rights on freedom of expression, albeit unsystematic and heterogeneous, can nevertheless be read through the lens of some conceptual frameworks, such as the general distinction between obligations of conduct and obligations of result, and the creative interpretation of international judges. In most cases, it is necessary to strike a balance between the supremacy of international law and the freedom of national orders to implement international obligations. This is the political side of international adjudication. This article will focus on the points of tension of this unstable relationship and the opposite expectations of both systems of law, in order to depict a rational framework which could meet both needs
La giurisprudenza della Corte europea dei diritti dell'uomo sull'articolo 10, o della difficile relazione fra diritto internazionale e diritto interno
SARZO, MATTEO
2013
Abstract
The case-law of the European Court of Human Rights on freedom of expression, albeit unsystematic and heterogeneous, can nevertheless be read through the lens of some conceptual frameworks, such as the general distinction between obligations of conduct and obligations of result, and the creative interpretation of international judges. In most cases, it is necessary to strike a balance between the supremacy of international law and the freedom of national orders to implement international obligations. This is the political side of international adjudication. This article will focus on the points of tension of this unstable relationship and the opposite expectations of both systems of law, in order to depict a rational framework which could meet both needsFile | Dimensione | Formato | |
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