European Convention on Human Rights

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Book Discussion: Marko Milanovic’s Extraterritorial Application of Human Rights Treaties

Opinio Juris and EJIL: Talk! are happy to announce that over the next few days we will be both be hosting a discussion of Marko Milanovic’s recently published book: Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford Univ Press).  Marko’s book examines the question when a State owes human rights obligations under a treaty to persons located outside its territory. This is a question on which there has been conflicting case law and much confusion. This [book] attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in…

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Al-Skeini and Al-Jedda in Strasbourg

I’ve posted on SSRN an article which will be published in the EJIL next year on Al-Skeini and Al-Jedda before the European Court of Human Rights. The pre-print draft will be available on SSRN until the article comes out in the Journal. The abstract is below, and comments are welcome, as always. The article analyses the European…

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European Court Decides Al-Skeini and Al-Jedda

HUDOC service has been intermittent this morning, but the judgments are now available - Al-Skeini v. UK, Al-Jedda v. UK - and they were well worth the wait. For more background, see my case preview and my thoughts on the alleged 'embassy exception.' In brief, the UK government lost quite badly, while the Grand Chamber has…

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A Comment on Lautsi

Dr Lorenzo Zucca is Reader in Jurisprudence at the King's College London School of Law. Jesus can be left hanging:  A Pontius-Pilate-like Strasbourg Court decided not to remove him from the cross – pardon, from the wall of Italian classrooms.  In more technical jargon, yesterday the Grand Chamber of the ECHR reversed the decision of the second…

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More on Nada v. Switzerland

As our readers are aware, currently pending before the Grand Chamber of the European Court of Human Rights is the fascinating case of Nada v. Switzerland.  It concerns an Italian national resident in the Italian enclave of Campione in Switzerland, who was placed at Switzerland's request on a terrorist suspect list by the UNSCR 1267 Committee, and subjected to targeted…

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