Extraterritorial Application

Page 33 of 33

Filter category

ECHR Rights at Sea: Medvedyev and others v. France

Dr Douglas Guilfoyle is a Lecturer in Law at University College London.  His research has focussed on the law of the sea and international and transanational criminal law. His book Shipping Interdiction and the Law of the Sea was published by Cambridge University Press in 2009. His previous EJIL Talk! posts can be found by clicking on his name in the tab on the right. The application of the European Convention on Human Rights (ECHR) to law-enforcement operations at sea raises a number of issues concerning the scope of the ECHR’s extra-territorial application and how ECHR rights are to be interpreted and applied extra-territorially. The limited case law to date has concerned maritime migrant and narcotics smuggling, but has significant implications for counter-piracy operation in the Gulf of Aden, an issue I have explored in a recent article in the Int. & Comp. Law Quarterly (see here). We now have a European Court of Human Rights (ECtHR) Grand Chamber authority on point, Medvedyev v France (Application no. 3394/03), which illuminates…

Read more

Al-Saadoon and Mufdhi Merits Judgment

The Al-Saadoon and Mufdhi v. United Kingdom (no. 61498/08) judgment by a Chamber of the European Court of Human Rights is now out (HUDOC). For our previous coverage, with links and background, see here and here. The shortest possible summary - the applicants won, and the Chamber judgment is a valuable contribution to human rights jurisprudence. Now…

Read more

Canadian Supreme Court decision in Khadr

Late last year, we posted some reflections by myself and Elizabeth Prochaska on the pending Canadian Supreme Court case of the Prime Minister & Ors v Omar Khadr. The court handed down its decision today, allowing the Prime Minister's appeal in part. The court held that the trial court's remedial discretion had miscarried…

Read more

Norm Conflicts and Human Rights

Consider the following scenario: the United Kingdom, together with the United States and other allies, invaded Iraq in 2003. From that point on, there was an international armed conflict between the UK and Iraq. Further, as it obtained effective control over certain parts of Iraqi territory, the UK became the occupying power of these territories. Under Art. 21 of the…

Read more
  • First
  • Page 33 of 33