- Table of National Cases
- Table of Treaties, Declarations, and Other International Instruments
- Table of Abbreviations
- Notes on the Contributors
- Moral Philosophy
- Biological Foundations of Human Rights
- Sociology of Human Rights
- The Psychological Foundations of Human Rights
- Anthropology and the Grounds of Human Rights
- The Foundations of Justice and Human Rights in Early Legal Texts and Thought
- General Principles and Constitutions as Sources of Human Rights Law
- The Anti-Slavery Movement and the Rise of International Non-Governmental Organizations
- Diplomatic Protection as a Source of Human Rights Law
- Humanitarian Law as a Source of Human Rights Law
- Social Justice, Rights, and Labour
- The Protection of Minorities under the Auspices of the League of Nations
- Human Dignity
- Democracy and the Rule of Law
- The Law-Making Process: From Declaration to Treaty to Custom to Prevention
- Core Rights and Obligations
- Jus Cogens and Obligations Erga Omnes
- Positive and Negative Obligations
- From Commission to the Council: Evolution of UN Charter Bodies
- The Role and Impact of Treaty Bodies
- The Role of International Tribunals: Law-Making or Creative Interpretation?
- Universality and the Growth of Regional Systems
- National Implementation and Interpretation
- Roles and Responsibilities of Non-State Actors
- Interpretation of Human Rights Treaties
- Enforcing Human Rights Through Economic Sanctions
- Transnational Litigation: Jurisdiction and Immunities
- The Use of International Force to Prevent or Halt Atrocities: From Humanitarian Intervention to the Responsibility to Protect
- Trade Law and Investment Law
- Creating and Applying Human Rights Indicators
- What Outcomes for Victims?
- Human Rights Make a Difference: Lessons from Latin America
Abstract and Keywords
This article examines the principle of proportionality in the context of international human rights law. It traces the origin of this principle in the eighteenth century Prussian administrative law and explains that three tests of proportionality. It considers the proportionality analysis by the European Court of Human Rights (ECtHR) and the Inter-American System and discusses the application of the principle of proportionality by the United Nations Human Rights Committee (UNHRC). This article argues that this principle serves as an analytical and structural method for assessing national decisions and fosters trust in the international judicial and quasi-judicial bodies’ supervisory roles.
International Law, University of Kent at Brussels (UKB), Belgium and University of Kent at Canterbury (UKC)
Yutaka Arai-Takahashi LLB (Gakui-Juyo Kiko), LLB (Keio) and PhD (Cambridge) is a Reader in International Law and International Human Rights Law at University of Kent at Brussels (UKB), Belgium and University of Kent at Canterbury (UKC), England. He specializes in the areas of international human rights law, international humanitarian law and international criminal law, and his major publications include The Law of Occupation—the Continuity and Change of International Humanitarian Law, and its Interaction with International Humanitarian Law (Martinus Nijhoff 2009); ‘“Scrupulous but Dynamic”—The Freedom of Expression and the Principle of Proportionality under European Community Law’ (2005) 24 Yearbook of European Law 27–80 (OUP 2006); and ‘Preoccupied with Occupation—Critical Examinations of the Historical Development of the Law of Occupation’ (2012) 94 International Review of the Red Cross 885, 1–30.
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