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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 ECHR and Gender Quotas in Elections

  The ECtHR recently decided its first gender quota case, and another one is pending. The former dealt with a gender imbalance favoring male candidates, while the latter…

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The European Court of Human Rights and Workplace Surveillance: Where is Article 31(3)(c) VCLT?

  Although one may be familiar with criticisms of the EU’s self-contained approach to its own legal system, this case of fragmentation is not limited to the EU…

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In the name of the European Club of Liberal Democracies: How to Evaluate the Strasbourg Jurisprudence

How should the European Court of Human Rights be reformed? Para. 41 of the Copenhagen Declaration of April 2018 seeks to scrutinise, for this purpose, recent developments in…

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Urbaser v Argentina: The Origins of a Host State Human Rights Counterclaim in ICSID Arbitration?

Investment tribunals rarely examine host state arguments based on international human rights law in great depth. The ICSID award Urbaser v Argentina is the first to provide…

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Strasbourg Censures Georgia over Detention of Former Prime Minister – the impact of an Article 18 violation

In December 2013, former Georgian Prime Minister Vano Merabishvili was hauled out of his Tbilisi prison cell in the middle of the night, and, with his head covered,…

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