{"title":"与朋友的对话:《欧洲人权公约》缔约国的“法院之友”发言","authors":"K. Dzehtsiarou","doi":"10.1017/lst.2022.54","DOIUrl":null,"url":null,"abstract":"Abstract The European Convention on Human Rights allows its Contracting Parties to submit third-party interventions. This paper analyses the reasons for engagement of the states with the European Court of Human Rights beyond what they are strictly expected to do: respond in contentious cases and execute judgments. It is argued here that the states mainly engage with the Court for the purposes of self-interest. This paper fills the gap in the literature by substantiating this claim using empirical methods of content analysis of the case law and research interviews with the governmental representatives. Finally, this paper looks at the impact of third-party interventions on the Court's reasoning and concludes that the Court is aware of the aims of the national governments and bears those aims in mind.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"381 - 401"},"PeriodicalIF":1.0000,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Conversations with friends: ‘friends of the Court’ interventions of the state parties to the European Convention on Human Rights\",\"authors\":\"K. Dzehtsiarou\",\"doi\":\"10.1017/lst.2022.54\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The European Convention on Human Rights allows its Contracting Parties to submit third-party interventions. This paper analyses the reasons for engagement of the states with the European Court of Human Rights beyond what they are strictly expected to do: respond in contentious cases and execute judgments. It is argued here that the states mainly engage with the Court for the purposes of self-interest. This paper fills the gap in the literature by substantiating this claim using empirical methods of content analysis of the case law and research interviews with the governmental representatives. Finally, this paper looks at the impact of third-party interventions on the Court's reasoning and concludes that the Court is aware of the aims of the national governments and bears those aims in mind.\",\"PeriodicalId\":46121,\"journal\":{\"name\":\"Legal Studies\",\"volume\":\"43 1\",\"pages\":\"381 - 401\"},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2023-02-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Legal Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/lst.2022.54\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/lst.2022.54","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Conversations with friends: ‘friends of the Court’ interventions of the state parties to the European Convention on Human Rights
Abstract The European Convention on Human Rights allows its Contracting Parties to submit third-party interventions. This paper analyses the reasons for engagement of the states with the European Court of Human Rights beyond what they are strictly expected to do: respond in contentious cases and execute judgments. It is argued here that the states mainly engage with the Court for the purposes of self-interest. This paper fills the gap in the literature by substantiating this claim using empirical methods of content analysis of the case law and research interviews with the governmental representatives. Finally, this paper looks at the impact of third-party interventions on the Court's reasoning and concludes that the Court is aware of the aims of the national governments and bears those aims in mind.