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The European Court of Human Rights with its case law has been for decades a particularly important actor in developing human rights law in Europe and beyond. At the same time the question as to the legal nature of its case law has not received a single answer. Most traditionally, the answer to this question has been that case law is binding on all States parties to the Convention at least to the extent that it contains lex interpretata as part of the Court’s authoritative interpretation of the Convention entrusted to it by the founding States of the Convention regime. In accordance with the Convention’s Article 46, judgments of the Court are binding on the respondent State. At the same time, judgments are followed more generally by the Contracting Parties while the Court’s case law has added to the original – admittedly open-ended – text of the Convention. This article explores the impact of civil law tradition, Anglo-Saxon tradition and the theory of sources of international law on better conceptualization of the legal nature of the case law of the Court. It arrives at the conclusion that at least for the time being, there is a coherent tendency in more advanced legal systems to acknowledge that the courts and judges do occasionally make law. The example of the European Court of Human Rights goes along with these developments. It is argued that case law is a material source of law while the overall consolidation of the Convention system begs for the conclusion that the Court’s case law has become a formal source of law.
Author:
Research on tradition can be approached from various perspectives. It can be a study of key personalities or important scholarly works, or influential positions or documents adopted by the State within the international normative process. Concepts such as statehood, territorial integrity, equal participation in international decision- making and, recently, the rule of law in international law, have been of relevance and interest both in practice and academic research in the field of international law in Latvia. The proposition is put forward that research in international law by the scholars of a particular State is closely linked to the interests and issues which that State is confronted with in practice.
Editor:
With this first volume, the Baltic Yearbook of International Law joins the family of legal publications. The idea was born primarily in the Baltic States of Estonia, Latvia and Lithuania. Indeed, international and domestic events and other developments surrounding the Baltic States throughout their history have made a considerable impact on discussions and on the evolution of international law and international politics.
Despite a clear Baltic ownership, the aim of the Baltic Yearbook of International Law is to become a forum for debate on topical questions in international law and related fields and thus to contribute to the development of thought, standard-setting and relevant practices in the world.
The Baltic Yearbook of International Law is an annual publication containing studies that are relevant to Baltic affairs and beyond. The Yearbook will serve as an important source of information not available elsewhere on practices of Estonia, Latvia and Lithuania in the area of foreign relations. Book reviews will include information on books published in the Baltic States and about Baltic issues.
Despite a clear Baltic ownership, the aim of the Baltic Yearbook of International Law is to become a forum for debate on topical questions in international law and related fields and thus to contribute to the development of thought, standard-setting and relevant practices in the world.
The Baltic Yearbook of International Law is an annual publication containing studies that are relevant to Baltic affairs and beyond. The Yearbook will serve as an important source of information not available elsewhere on practices of Estonia, Latvia and Lithuania in the area of foreign relations. Book reviews will include information on books published in the Baltic States and about Baltic issues.
Editor:
With this first volume, the Baltic Yearbook of International Law joins the family of legal publications. The idea was born primarily in the Baltic States of Estonia, Latvia and Lithuania. Indeed, international and domestic events and other developments surrounding the Baltic States throughout their history have made a considerable impact on discussions and on the evolution of international law and international politics.
Despite a clear Baltic ownership, the aim of the Baltic Yearbook of International Law is to become a forum for debate on topical questions in international law and related fields and thus to contribute to the development of thought, standard-setting and relevant practices in the world.
The Baltic Yearbook of International Law is an annual publication containing studies that are relevant to Baltic affairs and beyond. The Yearbook will serve as an important source of information not available elsewhere on practices of Estonia, Latvia and Lithuania in the area of foreign relations. Book reviews will include information on books published in the Baltic States and about Baltic issues.
Despite a clear Baltic ownership, the aim of the Baltic Yearbook of International Law is to become a forum for debate on topical questions in international law and related fields and thus to contribute to the development of thought, standard-setting and relevant practices in the world.
The Baltic Yearbook of International Law is an annual publication containing studies that are relevant to Baltic affairs and beyond. The Yearbook will serve as an important source of information not available elsewhere on practices of Estonia, Latvia and Lithuania in the area of foreign relations. Book reviews will include information on books published in the Baltic States and about Baltic issues.
Editor:
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance for the development of international law. The Yearbook serves as an important source of information and analysis not available elsewhere on the practices of Estonia, Latvia and Lithuania in international law. Book reviews refer to books published in the Baltic States and concerning Baltic issues.
Despite a clear Baltic ownership, the Yearbook aims at contributing to the development of thought, standard-setting and relevant practices in the world. Volume 2 is devoted to different issues presenting new challenges in the field of human rights law with a particular focus on biomedicine and human rights.
Despite a clear Baltic ownership, the Yearbook aims at contributing to the development of thought, standard-setting and relevant practices in the world. Volume 2 is devoted to different issues presenting new challenges in the field of human rights law with a particular focus on biomedicine and human rights.
Editor:
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance for the development of international law. The Yearbook serves as an important source of information and analysis not available elsewhere on the practices of Estonia, Latvia and Lithuania in international law. Book reviews refer to books published in the Baltic States and concerning Baltic issues.
Despite a clear Baltic ownership, the Yearbook aims at contributing to the development of thought, standard-setting and relevant practices in the world. Volume 2 is devoted to different issues presenting new challenges in the field of human rights law with a particular focus on biomedicine and human rights.
Despite a clear Baltic ownership, the Yearbook aims at contributing to the development of thought, standard-setting and relevant practices in the world. Volume 2 is devoted to different issues presenting new challenges in the field of human rights law with a particular focus on biomedicine and human rights.
Editor:
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law. Volume 3 contains contributions that were presented at, or inspired by, the conference entitled ‘Reparations to States, Groups and Individuals: Implementation of State Responsibility’ organised on the occasion of the inauguration of the Yearbook. Undoubtedly, there are many difficult legal and political questions surrounding the implementation of the law of State responsibility and this volume addresses only some of them. The contributions disclose several fundamental questions concerning the implementation of State responsibility. Can or should the general principles of State responsibility such as the obligation of full reparation be modified when applied within a specific framework of a treaty regime? Can or should these principles be modified when a treaty embodies rights that are generally considered to have achieved the character of jus cogens norms? How to enforce the obligation of reparations between States when one of them does not recognise any such obligation? One way or another all articles published in this volume raise the issue of ways and means to ensure the compliance of States with their international obligations and their responsibility in case of violations of these obligations.
Editor:
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law. Volume 3 contains contributions that were presented at, or inspired by, the conference entitled ‘Reparations to States, Groups and Individuals: Implementation of State Responsibility’ organised on the occasion of the inauguration of the Yearbook. Undoubtedly, there are many difficult legal and political questions surrounding the implementation of the law of State responsibility and this volume addresses only some of them. The contributions disclose several fundamental questions concerning the implementation of State responsibility. Can or should the general principles of State responsibility such as the obligation of full reparation be modified when applied within a specific framework of a treaty regime? Can or should these principles be modified when a treaty embodies rights that are generally considered to have achieved the character of jus cogens norms? How to enforce the obligation of reparations between States when one of them does not recognise any such obligation? One way or another all articles published in this volume raise the issue of ways and means to ensure the compliance of States with their international obligations and their responsibility in case of violations of these obligations.
Editor:
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law.
The Baltic States have joined the European Union and NATO at a time when great challenges face these organisations and the European structure at large within new world realities.
This volume's contributions discuss the reforms within the legal systems of these States undertaken with an aim to prepare for the reception of EC law in their domestic systems. Other contributions address some of the pending questions as to where the EC is headed, especially in the area of the protection of human rights.
This volume marks the beginning of a new period in the 'History of International Law in the Baltic States'. Research carried out with the purpose of discovering the direction international law in the Baltic States will take promises to be an exciting and challenging task for the Yearbook and a valuable contribution to the international law discourse.
The Baltic States have joined the European Union and NATO at a time when great challenges face these organisations and the European structure at large within new world realities.
This volume's contributions discuss the reforms within the legal systems of these States undertaken with an aim to prepare for the reception of EC law in their domestic systems. Other contributions address some of the pending questions as to where the EC is headed, especially in the area of the protection of human rights.
This volume marks the beginning of a new period in the 'History of International Law in the Baltic States'. Research carried out with the purpose of discovering the direction international law in the Baltic States will take promises to be an exciting and challenging task for the Yearbook and a valuable contribution to the international law discourse.
Editor:
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law.
The Baltic States have joined the European Union and NATO at a time when great challenges face these organisations and the European structure at large within new world realities.
This volume's contributions discuss the reforms within the legal systems of these States undertaken with an aim to prepare for the reception of EC law in their domestic systems. Other contributions address some of the pending questions as to where the EC is headed, especially in the area of the protection of human rights.
This volume marks the beginning of a new period in the 'History of International Law in the Baltic States'. Research carried out with the purpose of discovering the direction international law in the Baltic States will take promises to be an exciting and challenging task for the Yearbook and a valuable contribution to the international law discourse.
The Baltic States have joined the European Union and NATO at a time when great challenges face these organisations and the European structure at large within new world realities.
This volume's contributions discuss the reforms within the legal systems of these States undertaken with an aim to prepare for the reception of EC law in their domestic systems. Other contributions address some of the pending questions as to where the EC is headed, especially in the area of the protection of human rights.
This volume marks the beginning of a new period in the 'History of International Law in the Baltic States'. Research carried out with the purpose of discovering the direction international law in the Baltic States will take promises to be an exciting and challenging task for the Yearbook and a valuable contribution to the international law discourse.
Author:
This volume constitutes a commentary on Article 7 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Author:
This volume constitutes a commentary on Article 7 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Conflict, Harmony or Reconciliation
Editor:
There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties.
This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
Conflict, Harmony or Reconciliation
Editor:
There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties.
This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
Past, Present and Future as Defined by International Law
Author:
The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.
Past, Present and Future as Defined by International Law
Author:
The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.