Margin of Appreciation – A Note Towards a Solution for the Pacific?

23 Pages Posted: 6 Oct 2020 Last revised: 7 Oct 2020

See all articles by Petra Butler

Petra Butler

Victoria University of Wellington - Faculty of Law; University of Navarra - School of Law ; Institute of Small and Micro States

Date Written: 2008

Abstract

This "think piece," which is aimed at contributing to the debate over a Pacific human rights mechanism, firstly identifies and exemplifies some of the challenges between tradition and culture and human rights embodied in the main human rights conventions. Part III gives a brief overview of the doctrine of margin of appreciation as used by the European Court of Human Rights. The last Part analyses whether the doctrine of margin of appreciation will be able to withstand and adequately balance any "challenges" from the unique traditions and culture of the Pacific. This essay is intended as the beginning of a dialogue over the value of a margin of appreciation approach in the Pacific, as opposed to a contribution as such to the enormous literature on the margin of appreciation approach in Europe. It argues that there is much use in framing some of the Pacific debates over the application of human rights through the European approach.

Keywords: Pacific human rights, human rights, Pacific culture

JEL Classification: K00, K30

Suggested Citation

Butler, Petra, Margin of Appreciation – A Note Towards a Solution for the Pacific? (2008). (2008) 39 VUWLR , Victoria University of Wellington Legal Research Paper No. 81/2020, Available at SSRN: https://ssrn.com/abstract=2718757

Petra Butler (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Navarra - School of Law ( email )

Campus Universitario
Amigos Building
Pamplona, Navarra 31080
Spain

Institute of Small and Micro States ( email )

United Kingdom

HOME PAGE: http://https://www.ismsworld.com/

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
38
Abstract Views
523
PlumX Metrics