European Convention on Human Rights

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Of Parties, Third Parties, and Treaty Interpretation: Ukraine v. Russia (X) before the European Court of Human Rights

States are currently (re-)discovering their legal possibilities to express solidarity with Ukraine in its ‘lawfare’ against Russia. Following a joint statement of 41 States and the EU calling ‘upon the international community to explore all options to support Ukraine in its proceedings before the ICJ’, a large number of States have requested to intervene in The Hague. Meanwhile, an even greater wave of intervention requests has reached the European Court of Human Rights (ECtHR): more than half of all member States have expressed interest in intervening as third-party in Ukraine’s application concerning the Russian full-scale invasion in February 2022. It remains interesting to see the final list of intervening States and their geographic relationship with Russia. In this post, we analyse the value of the unprecedented number of third-State interventions concerning Ukraine v. Russia (X) (11055/22), a value that certainly goes beyond a mere expression of solidarity with Ukraine. Not only are…

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Ireland’s Birth Information and Tracing Act: Reconciling the Right to Identity

Introduction On the 30th of June 2022 Ireland enacted the Birth Information and Tracing Act – legislation which for the first time in Irish history enshrines a ‘clear right to full birth, early life, care and medical information for all those with questions on their origins’. When the law comes into force on October…

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The Sad and Cynical Spectacle of the Draft British Bill of Rights

It is a habit peculiar to autocracies to choose names for themselves that are the exact opposite of their true nature – viz. the ‘Democratic People’s Republic of Korea’ – and to have constitutions loudly proclaiming the protection of individual rights that are routinely trampled upon in practice. You would have hoped that one of the world’s oldest…

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The European Commission’s proposal for a directive on corporate sustainability due diligence: two paradoxes

On 23 February 2022, the European Commission (EC) published a proposal for a directive on corporate sustainability due diligence (proposal). The proposal has already attracted much scholarly and stakeholder commentary. In this blog we focus on two significant issues not yet addressed. First, the proposal does not  refer to European regional human rights instruments such as the…

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Setting the Cat amongst Pigeons: Kosovo’s Application for Membership of the Council of Europe

Kosovo is one of the few places in Europe not party to the European Convention on Human Rights due to a legacy conflict with Serbia. Kosovo declared independence in 2008 after a bloody war followed by a period of international administration, but this is strongly disputed by Serbia which claims exclusive sovereignty over the entire territory. The conflict…

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