EJIL Book Discussion

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Dousing the fire in the democratic forest: Lessons for the Council of Europe from Russia 

Could the Council of Europe (CoE) have done more to confront the belligerence, backsliding and bad faith that culminated in Russia’s expulsion? Judge Pavli’s remarkable separate opinion in the case of Novaya Gazeta has ignited debate about this question in respect of the European Court of Human Rights, asking whether, in adjudicating case-by-case and often too slowly, it failed to sound the alarm about the “fire … raging in the … democratic forest”. Judge Pavli urged greater use of the Court’s existing tools (such as Article 46 indications, interim measures, the application of Article 18 to expose misuse of power, pilot judgments, and prioritisation of serious or urgent cases and “impact” cases that have repercussions for the European Convention system as a whole). Not only that, but he envisaged new “stock-taking” tools that would allow the Court to expose the “incremental but systematic shrinking of democratic spaces”, wherever it occurs. Such ambitious and creative thinking is welcome (and the judgment in Ukraine and the…

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Russia, the Council of Europe and the European Convention on Human Rights: A Troubled Membership and Its Legacy

We are delighted that EJIL:Talk! is convening a symposium on our co-authored book published under the above title, by Bristol University Press earlier this year. This opportunity arises at a particularly poignant moment given the recent judgment in Ukraine and the Netherlands v. Russia (on which see here, here and here).

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Book Discussion: Russia, the Council of Europe and the European Convention on Human Rights

Over the coming days we will be hosting a symposium on the  book “Russia, the Council of Europe and the European Convention on Human Rights”, co-authored by  Ed Bates, Kanstantsin Dzehtsiarou and Andrew Forde, and published by Bristol University Press earlier this year. Following an introductory post by the…

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The Application of International Law in Cyberspace – A Debate that is Recoding International Law

Editor's Note: This post is the final of three which have run over recent days as part of a book discussion on the Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States. The debate on how international law applies in cyberspace has the potential to reconfigure many…

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Developing a National Position on International Law and Cyber Activities: Legal and Policy Considerations

Editor's Note: This post is the second of three forming a book discussion on the Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States. Background The Open-Ended Working Group on security of and in the use of information and communications technologies (“ICTs”) 2021-2015 (“OEWG”) was…

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