Abstract: If we consider international human rights as a matter of legitimacy, it should not be overlooked that European human rights standards have been spilled over beyond Europe. Such phenomena include not only extraterritorial applications and formal applications with extraterritorial effects (especially in the cases of non-refoulement), but also reference through the membership of the Europe-based organizations, or as a part of so-called world judicial dialogue. Considerable influence of European human rights over the world clearly indicates that their legitimacy or virtue does not depend on national democratic process within Europe. Anyway the actual situation highlights the particular importance of dialogue all over the world, including that between Europe and Asia.
The European Human Rights System beyond Europe: Interaction with Asia**This is a revised version of a paper presented as the keynote speech at a Workshop of the same name, held at Vienna University of Economics and Business (WU) on September 12-13, 2014, co-organized by the Vienna Journal on International Constitutional Law (ICL Journal), the Center for Asian Legal Exchange (CALE), Nagoya University and the Japanese Research Group on the Case Law of the European Court of Human Rights. The present author is very much grateful for the hospitality of WU, co-organization by ICL Journal and many participants in the Workshop. He also deeply appreciates Prof. Claudia Ishikawa who carefully read this English manuscript, suggested many corrections on it. The sole responsibility of this article, however, remains in the author alone.
AbhandlungenKaoru ObataJRP 2015, 36 Heft 1 v. 1.1.2015
