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Challenges in Executing Judgments of the European Court of Human Rights: the Case of the Roma

December 8, 2023

What does it mean for a judgment of the European Court of Human Rights to be “executed”?   In European Convention parlance, “execution” is a term that carries within it a great deal of potential, if unexplained, meaning. Article 46 of the Convention provides that “The High Contracting Parties undertake to abide” – not “shall abide” or “must abide” – “by the final judgment of the Court in any case to which they are parties.”  And after the Court issues its final judgment, it “shall be transmitted to the Committee of Ministers, which shall supervise its execution.” It all sounds rather technical. The Rules of the Committee of Ministers further this impression of a somewhat clinical exercise. Consistent with Article 46, Rule 6 “invite[s]” the high contracting party to “inform” the Committee of the measures taken, but the rules do not “compel” a state to do anything. This makes sense. After all, the European Convention is an international treaty regime to which sovereign states voluntarily bind…

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Resurfacing Issues of the Arab League in Light of the Gaza War

December 6, 2023

In the complexities of the international fora and UN resolutions, regional organizations can fill in and complement the international organizations in preserving global peace and security. Article 52 of the UN Charter (1945) states that UN member states “shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies…

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EJIL: The Podcast! Episode 22: Organizing International Organizations

December 4, 2023

International organizations are often expected to solve problems that states cannot or do not solve. But how should we understand international organizations? Marking the year-long symposium ‘Hidden Gems in International Organizations Law’ in the European Journal of International Law, this podcast discusses how international organizations have been theorized by various scholars and practitioners. Special attention…

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Life & Death, an Unstable Scale: The European Court of Human Rights Approach to Euthanasia in Mortier v. Belgium

December 4, 2023

On 4 October 2022, the European Court of Human Rights (“ECtHR”) issued a Chamber judgment in the case of Mortier v. Belgium. This landmark ruling is the first-ever ruling of the ECtHR on the compliance of euthanasia, once performed, with the rights protected under the European Convention of Human Rights (“ECHR”). Additionally,…

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Two Weeks in Review, 20 November – 3 December 2023

December 3, 2023

Climate change Siyu Bao delves into the involvement of civil society in China concerning the realm of climate change. In the year 2021, China expressed its interest in joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a free trade agreement that institutes formal mechanisms for involving…

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