Alain Zysset

Biographic Data

ID5045862
NAMEAlain Zysset
GIVEN NAMESAlain
FAMILY NAMEZysset
SIGNATUREZYSSET A
AFFILIATIONSUniversity of Glasgow
ORCID0000-0001-8377-4973
VERIFIEDYes
TOTAL WORKS6
TOTAL CITATIONS3
WORKS AS AUTHOR6
WORKS AS EDITOR0
FIRST PUBLICATION YEAR2016
LATEST PUBLICATION YEAR2023
H-INDEX1

  • Uncovering the Nature of ECHR Rights

    Open AccessBosko Tripkovic, Alain ZyssetARTICLEHuman Rights Law Review2023Cited by: 1

    How does the European Court of Human Rights (ECtHR) understand the nature of human rights? The article develops a framework for the analysis of this question and shows how it can be applied. The first part identifies a gap at the intersection of doctrinal and philosophical approaches to human rights practice that leaves the ECtHR’s understanding of the nature of rights unaccounted for. The second part develops an analytic and methodological frame…

  • International crimes through the lens of global constitutionalism

    Open AccessAlain ZyssetARTICLEGlobal Constitutionalism2022References: 4

    Scholars of global constitutionalism have recently come to examine international criminal law (ICL) and its associated institutions, in particular the International Criminal Court (the ICC). This article prolongs these efforts by pointing to and remedying two deficits of that project with particular emphasis on the Rome Statute crimes. First, how does one account for the role of the international trial in global constitutionalist terms? Second, c…

  • Proportionality as procedure

    Open AccessAlain Zysset, Antoinette ScherzARTICLEGlobal Constitutionalism2021References: 14

    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of t…

  • Charles Beitz’ idea of human rights and the limits of law

    Alain ZyssetARTICLECritical Review of International…2020References: 2

    In this contribution, I challenge Charles Beitz’ account of international human rights law within his practical account of human rights. Throughout his path-breaking book, Beitz insists that the predominant human rights practices are political rather than legal at the global level, which has important implications for the structure and content of his account. Yet, the criteria used to reach that conclusion concentrate on issues of effectiveness a…

  • The UN Security Council, normative legitimacy and the challenge of specificity

    Antoinette Scherz, Alain ZyssetARTICLECritical Review of International…2019Cited by: 2References: 15

    This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, mainta…

  • Searching for the Legitimacy of the European Court of Human Rights

    Open AccessAlain ZyssetARTICLEGlobal Constitutionalism2016References: 4

    In this article, I argue against the claim that the practice of the European Court of Human Rights cannot be reconciled with the democratic-procedural standards by which state parties, in accordance with the principle of subsidiarity, decide about the content and scope of human rights norms. First, I suggest drawing the attention to the neglected balancing exercise of the review process, in which the Court has to determine whether a violation is …