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Slovenia v. Croatia: A New Admissibility Criterion for Inter-State Applications under the ECHR?

Background and Main Legal Questions of the Decision On 18 December 2020, the Grand Chamber issued its decision on the application of Slovenia against…

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The ECtHR’s Pending Climate Change Case: What’s Ill-Treatment Got To Do With It?

On 30 November, the Court made headlines when it communicated its first climate change case. The application was brought by six Portuguese children and young people, with…

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We need to talk about citizenship, and race

Citizens and unauthorized migrants seemingly stand at opposite ends of the rights spectrum. While citizenship denotes the “fullest” bundle of rights, the legal status of unauthorized migrant generally…

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Climate change and the European Court of Human Rights: The Portuguese Youth Case

On 3 September, six Portuguese children and young adults (aged 8 to 21) issued an Application to the European Court of Human Rights (“ECtHR”) against 33 Council of Europe Member…

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The European Convention of Human Rights and Climate Change – Finally!

It was only ever a matter of time before the European Court of Human Rights (ECtHR) would be called upon to interpret the application of the ECHR to…

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The Netherlands’ inter-State application against Russia six years after MH 17

Malaysian Airlines flight MH 17 from Amsterdam to Kuala Lumpur was shot down in July 2014 over the territory of Eastern Ukraine, killing 298 persons. On 10 July…

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Has ‘Control over rights doctrine’ for extra-territorial jurisdiction come of age? Karlsruhe, too, has spoken, now it’s Strasbourg’s turn

The German Constitutional Court (GCC) declared, in its ruling on May 19th, that the surveillance of non-German individuals outside of Germany was unconstitutional. The Court’s…

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The Whos, the Whats, and the Whys of the Derogations from the ECHR amid COVID-19

 Issues concerning the derogation form the European Convention on Human Rights (‘ECHR’ or the ‘Convention’) amid the COVID-19 pandemic, including the question whether the notification is a pre-requisite…

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Derogating to Deal with Covid 19: State Practice and Thoughts on the Need for Notification

In her blog post on EJIL: Talk! (9 April 2020), Dr Stevie Martin drew attention to an interesting development concerning States' measures to deal with Covid 19…

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Supervision of Derogations in the Wake of COVID-19: a litmus test for the Secretary General of the Council of Europe

The pandemic COVID-19 has triggered a record number of derogations from the European Convention on Human Rights (the ‘ECHR’ or the ‘Convention’). By now, Albania, Armenia, Estonia, Georgia,…

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