From Cold War Instrument to Supreme European Court: The European Court of Human Rights at the Crossroads of International and National Law and Politics

The history of the genesis and institutionalization of the European Convention on Human Rights offers a striking account of the innovation of a new legal subject and practice-European human rights-that went along with, but also beyond, the political and legal genesis of Europe following World War II...

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Bibliographic Details
Published in:Law & social inquiry 2007-03, Vol.32 (1), p.137-159
Main Author: Madsen, Mikael Rask
Format: Article
Language:English
Subjects:
Attorneys
Cold War
Cold wars
Courts
Diplomacy
European Court of Human Rights
European Union
Human Rights
Innovations
International human rights law
International Law
Political institutions
Social law
Symposium: Law, Lawyers, and Transnational Politics in the Production of Europe
Treaties
Citations: Items that cite this one
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Summary:The history of the genesis and institutionalization of the European Convention on Human Rights offers a striking account of the innovation of a new legal subject and practice-European human rights-that went along with, but also beyond, the political and legal genesis of Europe following World War II. The rise of the European human rights institutions shows not only how law and lawyers played key roles in the early politics of European integration but also how the subtle combination of law and politics-as both national and international strategies-continued to play a decisive part in the institutionalization of European human rights. The article generally argues that the interplay between law and diplomacy had a fundamental impact on the innovation of European law and that lawyers capable of playing an intermediary role between the two were particularly central to this development.
ISSN:0897-6546
1747-4469
1545-696X
DOI:10.1111/j.1747-4469.2007.00053.x