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This volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective. All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are taken to task. Some of the essays have been previously published in a variety of legal periodicals, and have been reproduced in this volume in order to make them more widely accessible.
Loukis G. Loucaides is a Judge of the European Court of Human Rights, and a former Member of the European Commission of Human Rights. He has published extensively on human rights and public international law, including a volume with Martinus Nijhoff Publishers entitled "Essays on the Developing Law of Human Rights".
Preface; CHAPTER 1. THE RULES OF INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 2. THE CONCEPT OF “CONTINUING” VIOLATIONS OF HUMAN RIGHTS; CHAPTER 3. THE RULE OF LAW AND HUMAN RIGHTS (WITH SPECIAL REFERENCE TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS); CHAPTER 4. THE PROHIBITION OF DISCRIMINATION UNDER PROTOCOL 12 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 5. DETERMINING THE EXTRA-TERRITORIAL EFFECT OF THE EUROPEAN CONVENTION: FACTS, JURISPRUDENCE AND THE BANKOVIĆ CASE; CHAPTER 6. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS OF PERSONS WITH DISABILITIES; CHAPTER 7. THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF CYPRUS v. TURKEY; CHAPTER 8. THE PROTECTION OF THE RIGHT TO PROPERTY IN OCCUPIED TERRITORIES; CHAPTER 9. FREEDOM OF EXPRESSION AND THE RIGHT TO REPUTATION; CHAPTER 10. ENVIRONMENTAL PROTECTION THROUGH THE JURISPRUDENCE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 11. QUESTIONS OF FAIR TRIAL UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 12. THE RIGHT OF ACCESS TO A COURT AND THE DOCTRINE OF POLITICAL ACTS. CHAPTER 13. THE RIGHT TO RETURN.