European Court of Human Rights

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EJIL:The Podcast! Episode 7: “Walking Back Human Rights in Europe?” ‬

In this episode of the podcast, Sarah Nouwen is in conversation with Laurence Helfer (Harry R. Chadwick, Sr. Professor of Law, Duke Law School) and Erik Voeten (Peter F. Krogh Professor of Geopolitics and Justice in World Affairs, Georgetown University) about their article “Walking Back Human Rights in Europe?” which was published in the latest issue of EJIL. In their article, Professors Helfer and Voeten consider whether the European Court of Human Rights is shifting in a regressive direction. They do so by analysing all separate and minority opinions of the Court's Grand Chamber between 1998 and 2018, focussing on opinions asserting that the Grand Chamber has tacitly overturned prior rulings or settled doctrine in a way that favours the respondent state. The conversation begins with a discussion of what it mean to “walk back human rights” and how one assesses whether human rights are being walked back? The discussion also extends to the art of co-authoring academic…

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Extraterritorial Investigations in Hanan v. Germany; Extraterritorial Assassinations in New Interstate Claim Filed by Ukraine against Russia

In this post I will discuss two recent developments on the extraterritoriality of human rights front – the judgment of the Grand Chamber of the European Court of Human Rights in Hanan v. Germany, no. 4871/16, on the compliance with Article 2 ECHR of the investigation by German authorities into the Kunduz incident in Afghanistan,…

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The ECtHR in Georgia v. Russia – a farewell to arms? The effects of the Court’s judgment on the conflict in eastern Ukraine

On 21 January 2021, the ECtHR rendered its judgment on the merits in Georgia v. the Russian Federation (II). The complaint lodged by Georgia concerned grave human rights violations committed by Russia or non-state armed groups under its control in Abkhazia, South Ossetia and the ‘buffer zone’. In its consideration of the question as to…

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Amicus Curiae Brief re MH17; Human Rights Committee on Search and Rescue at Sea

Recent weeks have been something of an extraterritoriality extravaganza. So let’s continue with that theme, hopefully not ad nauseam. First, readers might be interested in the amicus curiae brief that my colleague Sangeeta Shah and I co-authored and which we submitted this week to the European Court of Human Rights in…

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Georgia v. Russia No. 2: The European Court’s Resurrection of Bankovic in the Contexts of Chaos

Last week the Grand Chamber of the European Court of Human Rights delivered its judgment in the second interstate case brought by Georgia against Russia (no. 38263/08), dealing with the August 2008 conflict between the two states (see my brief preview here ; for a summary of the judgment see the Court’s press…

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