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The Proceedings Flow While Water Does Not: Russia’s Claims Concerning the North Crimean Canal in Strasbourg

On 23 July, Russia brought an interstate complaint against Ukraine to the European Court of Human Rights (ECtHR). After endlessly being a respondent in cases arising out of alleged control over the territories of other states, the empire decided to strike back. Ukraine for the first time found itself as a defensive side in its lawfare against Russia. The legal aspects of the Russian-Ukrainian conflict were on many occasions discussed in this blog by Marchuk, Milanovic, Nuridzhanian, and other contributors. Yet there is an issue that remains overseen. It is so crucial, that Russia (unsuccessfully) requested the ECtHR for interim measures under Rule 39 of the Rules of Court. This issue is the North Crimean Canal – an artificial watercourse bringing water to the Peninsula from the Ukrainian mainland. The question was addressed by some authors (including an old and naïve article by myself), however, not to a sufficient extent. Notably, Russia claimed, that the actions of Ukraine amount to nothing less than…

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Russia Files Interstate Complaint Against Ukraine in Strasbourg

This, I think, is a first – after many years of being sued by other states (most notably Ukraine and Georgia) before the European Court of Human Rights and other international courts and tribunals, Russia has struck back last week by filing an interstate application of its own against Ukraine (no. 36958/21). Here’s an excerpt from the Court’s…

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Drowning Migrants in the Mediterranean and the ICCPR, Again

Last week 130 migrants perished off the coast of Libya, as their rubber boat capsized in the stormy Mediterranean. Some 750 migrants have died this year in trying to make the crossing. (See here for the IOM report, and here and here for the recent posts we had on this topic…

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Drowning in the Mediterranean: Time to think and act regionally

Europe, that is, the EU and its institutions, currently asserts the right to manage the movement of people across the Mediterranean, and with that comes responsibility, for special protection is owed to those whom it would manage. ‘Responsibility’ is multi-dimensional. Fault, in the sense of wilful or negligent conduct, may be relevant; or responsibility may follow from the…

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Drowning Migrants, the Human Rights Committee, and Extraterritorial Human Rights Obligations

In this post I will analyse more extensively the two decisions of the UN Human Rights Committee that I flagged previously (A.S. and others v. Malta, CCPR/C/128/D/3043/2017 ; A.S. and others v. Italy, CCPR/C/130/DR/3042/2017), dealing with the failure of Malta and Italy to rescue a group of more than 200…

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