miércoles, octubre 21, 2020

Archivo de Etiquetas: ECHR

Does the European Court of Human Rights Have to Decide on Sovereignty over Crimea?

EJIL Blog of the European Journal of International Law

Does the European Court of Human Rights Have to Decide on Sovereignty over Crimea? Part I: Jurisdiction in Article 1 ECHR On 11 September the Grand Chamber of the European Court of Human Rights held oral hearings on the admissibility of the interstate claim Ukraine brought against Russia regarding Crimea …

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Lethal Force, the Right to Life and the ECHR

Lethal Force, the Right to Life and the ECHR

Lethal Force, the Right to Life and the ECHR Narratives of Death and Democracy By: Stephen Skinner ISBN: 9781849464062Publicado: 22-08-2019Páginas: 224 In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in …

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Achmea: The principle of autonomy and its implications for intra and extra-EU BITs

EJIL Blog of the European Journal of International Law

Achmea: The principle of autonomy and its implications for intra and extra-EU BITs On 6 March 2018, the CJEU issued its judgment in Case C-284/16 Achmea, where it opined that intra-EU BITs and in particular their ISDS provisions are incompatible with the principle of autonomy of EU law. In a …

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Times Are Changing – and What About the International Rule of Law Then?

EJIL Blog of the European Journal of International Law

Times Are Changing – and What About the International Rule of Law Then? Note from the Editors:  This week we hold the first EJIL:Talk! Contributing Editors’ Debate, where some or all of our distinguished Contributing Editors lend their views on broad themes of international law and the state of the art, …

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The European Convention on Human Rights: the Draft Copenhagen Declaration and the Threat to the European Court

OpinioJuris

The European Convention on Human Rights: the Draft Copenhagen Declaration and the Threat to the European Court by Roisin Pillay [Róisín Pillay is Director of the International Commission of Jurists (ICJ) Europe Programme.]  The European Court of Human Rights is once more facing a political challenge to its role, in …

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The Rise of Environmental Law in International Dispute Resolution: Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights

EJIL Blog of the European Journal of International Law

The Rise of Environmental Law in International Dispute Resolution: Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights The Inter-American Court’s Advisory Opinion on Environment and Human Rights, released on 7 February 2018 (in Spanish only) (for brevity “AO”), is the latest and potentially most …

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The Kosovo Specialist Chambers’ Rules of Procedure and Evidence

EJIL Blog of the European Journal of International Law

The Kosovo Specialist Chambers’ Rules of Procedure and Evidence The Kosovo Specialist Chambers (KSC) and the Specialist Prosecutor’s Office (SPO) are the latest addition to a multi-layered and broad spectrum of international institutions dedicated to the investigation and prosecution of international crimes. In March 2017, the Judges of the KSC …

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The ECtHR’s Ilias and Ahmed v. Hungary and Why It Matters

EJIL Blog of the European Journal of International Law

The ECtHR’s Ilias and Ahmed v. Hungary and Why It Matters The European Court of Human Rights delivered a judgment last Tuesday in the case of Ilias and Ahmed v. Hungary, finding multiple violations of the European Convention as a result of Hungary’s border procedures and its treatment of asylum-seekers. …

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Comment on Paposhvili v Belgium and the Temporal Scope of Risk Assessment

EJIL Blog of the European Journal of International Law

Comment on Paposhvili v Belgium and the Temporal Scope of Risk Assessment On 13 December 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered a significant ruling in Paposhvili v Belgium, App. No. 41738/10, correcting the narrow approach to Article 3 medical removal cases taken in …

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Turkey’s Derogation from Human Rights Treaties – An Update

EJIL Blog of the European Journal of International Law

Turkey’s Derogation from Human Rights Treaties – An Update In an earlier post of 27 July I provided a first assessment of Turkey’s declared derogation from the European Convention on Human Rights (ECHR) and an assessment what kind of measures could be expected, as derogations both from the ECHR and …

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The Supremacy of International Law? – Part Two

EJIL Blog of the European Journal of International Law

The Supremacy of International Law? – Part Two Editor’s Note: This is the text of the 2nd Annual British Embassy (The Hague) International Law Lecture, delivered on 23 May 2016 (part two of two). Part one is available here. The relevance, engagement and application of international law in the domestic space are addressed …

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UK Supreme Court Decides Smith (No. 2) v. The Ministry of Defence

UK Supreme Court Decides Smith (No. 2) v. The Ministry of Defence Last week the UK Supreme Court delivered its judgment in Smith (No. 2) v. The Ministy of Defence (judgment; BBC News report). This is a follow-up to the Smith (No. 1) case decided three years ago, with a …

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