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YUTAKA ARAI-TAKAHASHI, The Margin of Appreciation Doctrine and the Principle of Proportionality, Antwerp et al., Intersentia/Hart/Transnational, 2002, pp. 300.

YUTAKA ARAI-TAKAHASHI, The Margin of Appreciation Doctrine and the Principle of Proportionality,... The margin of appreciation doctrine has attracted much literature in various European and international journals of international law and human rights law. The doctrine is an instrument that provides a Member State with an ambit of discretion for adjusting the standards of the European Convention on Human Rights (ECHR) to particular national circumstances. Since it has been conceived in the context of national emergencies under the derogation clause of Article 15 ECHR, this doctrine has spread to cases where other Convention provisions have been affected, and it has played a significant role especially under the limitation clauses of Articles 8-11. This book, written by Yutaka Arai-Takahashi at Kent Law School and Brussels School of International Studies, is certainly the fruit of his prolonged and meticulous research into complex areas of the ECHR. This well-structured book focuses on the role that the margin of appreciation doctrine plays in the decision- making of the European Court of Human Rights. It critically appraises the extent to which the Strasbourg Court has applied this doctrine to elucidate the division between the areas in which desirable outcomes of cases have to be determined at the international level and those where such outcomes still http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

YUTAKA ARAI-TAKAHASHI, The Margin of Appreciation Doctrine and the Principle of Proportionality, Antwerp et al., Intersentia/Hart/Transnational, 2002, pp. 300.

The Italian Yearbook of International Law Online , Volume 11 (1): 3 – Jan 1, 2001

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161301X00283
Publisher site
See Article on Publisher Site

Abstract

The margin of appreciation doctrine has attracted much literature in various European and international journals of international law and human rights law. The doctrine is an instrument that provides a Member State with an ambit of discretion for adjusting the standards of the European Convention on Human Rights (ECHR) to particular national circumstances. Since it has been conceived in the context of national emergencies under the derogation clause of Article 15 ECHR, this doctrine has spread to cases where other Convention provisions have been affected, and it has played a significant role especially under the limitation clauses of Articles 8-11. This book, written by Yutaka Arai-Takahashi at Kent Law School and Brussels School of International Studies, is certainly the fruit of his prolonged and meticulous research into complex areas of the ECHR. This well-structured book focuses on the role that the margin of appreciation doctrine plays in the decision- making of the European Court of Human Rights. It critically appraises the extent to which the Strasbourg Court has applied this doctrine to elucidate the division between the areas in which desirable outcomes of cases have to be determined at the international level and those where such outcomes still

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2001

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