European Court of Human Rights

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The European Convention of Human Rights and Climate Change – Finally!

It was only ever a matter of time before the European Court of Human Rights (ECtHR) would be called upon to interpret the application of the ECHR to the climate crisis. Climate change litigants have scored a series of notable successes in domestic courts of late. Most famously in the Urgenda decision delivered by the Dutch Supreme Court in December 2019, holding that the Dutch government’s climate change plans violated articles 2 (right to life) and 8 (right to respect for private and family life) of the ECHR as a result of the serious risks posed by climate change (discussed here). And more recently, the decision delivered by the Irish Supreme Court in Friends of the Irish Environment, finding that Irish climate change mitigation plans lacked important details (even if the arguments based on the ECHR were rejected by the Court), discussed here. At the time of writing, the so-called People’s Climate Case is pending before the CJEU. Not surprisingly then, on September 3rd six children from Portugal,…

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In Memoriam Luzius Wildhaber

Luzius Wildhaber played an extraordinary role in scholarship, academic engagement and the practice of international law. He was a global citizen, having studied in Switzerland, the UK, Germany and receiving his LLM and his doctorate from Yale Law School. He gave talks and taught in all parts of the world. He received 13 doctorates honoris causa, a lot…

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Luzius Wildhaber (1937-2020), President of the European Court of Human Rights: A Tribute

Luzius Wildhaber, who died on 21 July 2020, occupies a unique place in the history of the system of protection of human rights set up by the European Convention on Human Rights (“the Convention”). Elected to the European Court of Human Rights (“the Court”) in 1991, he served for the last years of the Court as set up…

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Liechtenstein v Czech Republic before the European Court of Human Rights

On 19 August 2020, Liechtenstein lodged an inter-State application against the Czech Republic. Liechtenstein alleges breaches of the rights of its citizens, inter alia, of their right to property under Article 1 Protocol 1 of the European Convention on Human Rights (ECHR, the Convention). The case made it to the headlines of major international newspapers, such as the…

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Has ‘Control over rights doctrine’ for extra-territorial jurisdiction come of age? Karlsruhe, too, has spoken, now it’s Strasbourg’s turn

The German Constitutional Court (GCC) declared, in its ruling on May 19th, that the surveillance of non-German individuals outside of Germany was unconstitutional. The Court’s judgment on the German Act on the Federal Intelligence Service (Gesetz über den Bundesnachrichtendienst, or the BND-Gesetz) has not attracted enough legal commentary in the midst of the COVID-19 pandemic.

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