Nicolas Kang-Riou (University of Lincoln) has posted International Law at the European Court of Human Rights; an Authority Enhancing Tool (Mélanges en l'honneur de Florence Benoît-Rohmer. Les droits de l'homme, du Conseil de l'Europe à l'Union européenne. Sous la direction de Dominique D'Ambra, Peggy Ducoulombier, Gabriel Eckert, Jean-Paul Jacqué, Patrick Wachsmann. Larcier/Intersentia 2023) on SSRN. Here is the abstract:
Despite the claim that the ECHR 'should so far as possible be interpreted in harmony with other rules of international law of which it forms part’, this paper argues that the way the European Court of Human Rights has used international law is best understood as a tool to increase its own authority. To do so, the paper reviews two areas: the exhaustion of domestic remedies and the nature of interim measures.r as possible be interpreted in harmony with other rules of international law of which it forms part’, this paper argues that the way the European Court of Human Rights has used international law is best understood as a tool to increase its own authority. To do so, the paper reviews two areas: the exhaustion of domestic remedies and the nature of interim measures.