The process of international legal integration lead to establish multilevel legal systems composed of sources coming from different actors. Starting from the traditional relationships of the International law (based on the interstates agreements), those legal systems are particularly developed in the field of the human rights and in the case of regional and supranational integration processes. This situation needs to elaborate a new approach to the legal interpretation. It is interesting to study the interpretative strategies put in place by the regional Courts both in Europe and in Latin America. Such Courts elaborate a specific interpretative instruments based on a teleological interpretative approach and which uses tools as the «useful effect» and the «autonomous meaning». Such a strategy lead to affirm the existence of a supranational legal system, from which specific individual rights will arise.
Interpretazione giuridica e diritti nei processi internazionali di integrazione
CIPPITANI, Roberto
2014
Abstract
The process of international legal integration lead to establish multilevel legal systems composed of sources coming from different actors. Starting from the traditional relationships of the International law (based on the interstates agreements), those legal systems are particularly developed in the field of the human rights and in the case of regional and supranational integration processes. This situation needs to elaborate a new approach to the legal interpretation. It is interesting to study the interpretative strategies put in place by the regional Courts both in Europe and in Latin America. Such Courts elaborate a specific interpretative instruments based on a teleological interpretative approach and which uses tools as the «useful effect» and the «autonomous meaning». Such a strategy lead to affirm the existence of a supranational legal system, from which specific individual rights will arise.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.