A New Philosophy for the Margin of Appreciation and European Consensus

Tripković, Boško

doi:10.1093/ojls/gqab031

Cited by 3 publications

(2 citation statements)

References 2 publications

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“…104-1-5). Tripkovic (2022) argued that the adaptation of the doctrine of the Margin of Appreciation for the Strasbourg Court should be applauded because the doctrine makes the application of the ECHR ‗context-sensitive' in a pluralistic Europe where ‗domestic understanding of human rights' norms needed to be mainstreamed into norm interpretation and application (Tripkovic, 2022, p. 234). Its application was originally in the context of derogation (Lavrysen, 2018; A and Others v. UK 7 ), and limitations of rights (Bakircioglu, 2007;Kratochvíl, 2011) but has now evolved into an interpretative technique employed for expanding the substantive and procedural obligations of ECHR (Arnardottir, 2014;Skinner, 2014) as a living instrument (Bratza, 2014).…”

Section: The Doctrine Of the Margin Of Appreciation And The Echrmentioning

confidence: 99%

Enhancing Conservation Communication: Using Digital Literacy to Address the Misunderstanding of Southern Africa’s Sustainable Use Approach in Western Settings

Foyet,

Louis

2023

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Effective communication and digital literacy are crucial for addressing misunderstandings about the Southern African approach to sustainable use in Western settings. This paper highlights the need to enhance conservation communication and explores the role of digital communication in bridging the gap between the Southern African approach and Western conservation paradigms. The Southern African emphasis on community-based natural resource management (CBNRM) and sustainable wildlife use for both conservation and economic purposes often faces misinterpretation and scepticism in Western societies that prioritize preservation and non-consumptive use. By analysing literature, case studies, and communication strategies, this study identifies the challenges stemming from cultural biases, differing conservation ideologies, and limited understanding of the Southern African context. It investigates the significance of digital literacy in overcoming these challenges by promoting the development of technology skills among conservation practitioners and members of communities coexisting with wildlife, equipping them with relevant digital tools, promoting information sharing, fostering cross-cultural dialogue, and engaging diverse stakeholders through digital platforms. The paper stresses the significance of utilizing diverse communication channels (including social media, online forums, websites, campaigns, multimedia tools, and educational resources) to share accurate and culturally sensitive information about the Southern African approach. It highlights the necessity for tailored communication strategies that consider the distinct needs and values of various audiences, incorporating digital approaches involving active listening, dialogue, and the integration of local knowledge. This study promotes the development of inclusive and accessible spaces through improved digital literacy and effective communication strategies. It advocates for mutual understanding and collaboration between Western and Southern African conservation practitioners, stakeholders, and decision-makers. By leveraging digital platforms and enhancing communication competencies, the Southern African approach can be better comprehended within Western settings, fostering sustainable conservation practices and nurturing collaborative partnerships in conservation initiatives.

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Section: The Doctrine Of the Margin Of Appreciation And The Echrmentioning

confidence: 99%

Enhancing Conservation Communication: Using Digital Literacy to Address the Misunderstanding of Southern Africa’s Sustainable Use Approach in Western Settings

Foyet,

Louis

2023

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Section: The Doctrine Of the Margin Of Appreciation And The Echrmentioning

confidence: 99%

The Doctrines of Margin of Appreciation and Evolutive Interpretation: A Review of the European Court of Human Rights

Komiti

2023

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The European Convention for the Protection of Human Rights and Fundamental Freedom (ECHR) - the focus of this work - in its conceptualisation as a “living instrument” and a bulwark against human rights abuse in Europe, has been construed with different canons of interpretation by the European Court of Human Rights (the Strasbourg Court), including the doctrines of the Margin of Appreciation and the evolutive interpretation. This work aims to review the doctrines of the Margin of Appreciation and Evolutive Interpretation from the jurisprudence of the Strasbourg Court by attempting a foray into the debates emanating from the court’s interpretative jurisprudence. It also interrogates how the ECHR is interpreted in the context of the Vienna Convention on the Law of Treaties (VCLT). The method adopted is doctrinal, with a critical and analytical approach that involves desk and library research. The work relies on primary and secondary materials such as relevant case laws of the Strasbourg Court, legislations, textbooks, journal articles, conference proceedings/papers, online documents, and news to critically evaluate the significance of the doctrines of the Margin of Appreciation and Evolutive Interpretation to the realisation of the objectives of the ECHR. The article investigates how the Strasbourg Court employs the doctrines of the margin of appreciation and evolutive interpretation in achieving the objectives and purpose of the ECHR. The work finds that regardless of their criticism as judge-made doctrines without normative basis, the doctrines of the Margin of Appreciation and Evolutive Interpretation as applied by the Strasbourg Court align with the rules of treaty interpretation as per the VCLT and, thus, remain the best canon of interpretations befitting for the ECHR. This is so considering that interpretation and applications of laws are undertaken in an ever-changing world that requires dynamic laws that could adapt to new situational contexts that are not initially contemplated at the time of treaty negotiations and formations.

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The Doctrines of Margin of Appreciation and Evolutive Interpretation: A Review of the European Court of Human Rights

Komiti

2024

SSRN Journal

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A New Philosophy for the Margin of Appreciation and European Consensus

Cited by 3 publications

References 2 publications

Enhancing Conservation Communication: Using Digital Literacy to Address the Misunderstanding of Southern Africa’s Sustainable Use Approach in Western Settings

Enhancing Conservation Communication: Using Digital Literacy to Address the Misunderstanding of Southern Africa’s Sustainable Use Approach in Western Settings

The Doctrines of Margin of Appreciation and Evolutive Interpretation: A Review of the European Court of Human Rights

The Doctrines of Margin of Appreciation and Evolutive Interpretation: A Review of the European Court of Human Rights

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