European Court of 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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Revisiting and Further Exploring the Human Right to Leave

The right to freedom of movement has a distinct meaning under international law, understood as being formed of three complementary rights. These are (i) the right to leave any country, including one’s own, (ii) the right to return to one’s own country, and (iii) the right of everyone lawfully within the territory of a state to liberty of…

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Who Has Effective Control in Azerbaijan’s Karabakh Region?

Following the so-called “44-Day War” between Armenia and Azerbaijan in late 2020, the conflicting parties continue several legal battles before the International Court of Justice (ICJ) and the European Court of Human Rights (ECtHR), alleging various violations of international law. The war saw Azerbaijan liberate a significant part of its territories under Armenia’s three-decade-long occupation,…

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A new variety of rights-based climate litigation: a challenge against the Energy Charter Treaty before the European Court of Human Rights

In the last couple of years, the European Court of Human Rights (ECtHR) has become a hotspot for rights-based climate change litigation. At the time of writing, seven cases are pending before the Court, with applicants seeking to challenge various aspects of domestic climate change laws and policies in the various respondent states, arguing that they violate their…

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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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