Archivo de Etiquetas: European Court

The member States of the Council of Europe, signatory hereto,Considering that the aim of the Council of Europe is to achieve a greater unity between its members;Aware of the growing concern caused by the increase in acts of terrorism;Wishing to take effective measures to ensure that the perpetrators of such …

PREAMBLE The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values. Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based …

Was Nuremberg a Violation of the Principle of Legality? This is, remarkably, the question raised by yesterday’s judgment of the Grand Chamber of the European Court of Human Rights in Kononov v. Latvia, App. No. 36376/04. In short, the applicant was a former Soviet partisan convicted by a Latvian court …

The Swiss Referendum on the Prohibition of Minarets  Anne Peters is Professor of Public International Law at the University of Basel, a position she has held since 2001. In the academic year 2004/05 she was Dean of the Faculty of Law. Prior to taking up the tenured post she was …

The ICJ and Evolutionary Treaty Interpretation On Monday, the ICJ delivered its judgment in the Costa Rica v. Nicaragua case, concerning navigational and related rights on the river San Juan (Registry summary; judgment). The case itself is not terribly important in the grand scheme of things, but upon reading the …

The Role of Courts in the International Legal System – An EJIL:Talk! Discussion Starting next week, EJIL:Talk! will be hosting a discussion of the changing role courts and tribunals in the international legal system. This conversation will be structured around a discussion of two articles in the current anniversary issue of the European …

Domestic Enforcement of Decisions of International Tribunals I am at the American Society of International Law’s Annual Meeting and attended a panel on the domestic enforcement of decisions of international tribunals.  The panelists, which included distinguished presenters Professors Lori Fisler Damrosch of Columbia University and Andreas Paulus of Gottingen, spoke …

The Tricky Question of State Succession to International Responsibility Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state …