Archivo de Etiquetas: European Court of Human Rights

The Aquarius incident: navigating the turbulent waters of international law Between Saturday 9 June and Sunday 10 June, 629 migrants were rescued from overcrowded boats in the Central Mediterranean in search and rescue (SAR) operations carried out by NGOs and the Italian navy. They were taken on board by the …

A New Extraterritorial Jurisdictional Link Recognised by the IACtHR In its recently published Advisory Opinion on “The Environment and Human Rights” of 15 November 2017 (in EJIL: Talk! summarized here; on its potential diagonal effect see here), the Inter-American Court is the first human rights court to recognise a new extraterritorial …

The European Court of Human Rights’ View of the Draft Copenhagen Declaration The draft Copenhagen Declaration has already triggered some debate at this blog. So far the tone has been highly critical. Donald and Leach denounce the Declaration as essentially a tool for institutionalizing undue political pressure on the European …

The Constitutional Conflict in Turkey: Is There Still an Effective Remedy for Human Rights Violations? by Massimo Frigo [Massimo Frigo is the Senior Legal Advisor of the International Commission of Jurists, Europe Programme.] A legal dispute between first instance ordinary courts and the Constitutional Court in Turkey is leading the country …

An Appraisal of the Council of Europe’s Draft European Rules on the Conditions of Administrative Detention of Migrants In the last decade, a growing momentum has developed to end immigration detention. This momentum has two dimensions. First, that certain migrants, such as children, should never be detained as they are …

Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory …

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 …

The Supremacy of International Law? – Part One Editor’s Note: This is the text of the 2nd Annual British Embassy (The Hague) International Law Lecture, delivered on 23 May 2016 (part one of two). My topic is The Supremacy of International Law? I chose the subject unwisely, seduced by the …

ONU encomia resolución de EEUU sobre crímenes internacionales cometidos por el ISIS 18 de marzo, 2016 — El representante especial de la ONU para Iraq acogió con beneplácito hoy la resolución del Congreso de Estados Unidos que reconoce las atrocidades cometidas por el ISIS como posibles crímenes de guerra, de …

Human Rights: Member State, EU and ECHR Levels of Protection Article 53 of the Charter of Fundamental Rights of the European Union caused, already at its inception, a hermeneutical conundrum: Nothing in the Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized, in …