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Beyond UN Accountability for Human Rights Violations

Host State Inertia and the Neglected Potential of Sovereign Protection

Frédéric Mégret

’s concurrent mandate but the case law even accounts for complex situations of joint or overlapping sovereignty. In the Ilascu case , for example, the European Court of Human Rights (‘ECtHR’) heard a claim against Moldova for its failure to protect the rights of persons in Transdnistria, a Moldovan province

Thomas G. Weiss, David P. Forsythe and Roger A. Coate

the UN , preserving alliances, advancing democracy and human rights, and coping with climate change. In Europe, populations resented “Brussels,” or EU decisions that went against the grain of national traditions, and “Strasbourg,” or the Council of Europe and rulings of the European Court of Human

Neil B. Nucup

obviously not binding precedents as between them, these decisions are treated as persuasive authority. For example, the ICJ cites decisions of the ICTY in Bosnian Genocide in much the same way that the Inter-American Court of Human Rights draws on decisions of the European Court of Human Rights and

International Organizations and the EU General Data Protection Regulation

Exploring the Interaction between EU Law and International Law

Christopher Kuner

respected in their operations and that individuals have access to effective redress mechanisms. Doing so can also help them prevent the erosion of their privileges and immunities. This conclusion is supported by the judgment of the European Court of Human Rights in Waite and Kennedy v Germany , 151

Alessandra Sardu Ph.D.

note 9, at 304. 79 F.J. Sedelmayer, “Sedelmayer v. Germany, European Court of Human Rights”, 2 Transnational Dispute Management (2005), 30. 80 ECtHR Decision as to the Admissibility of Applications nos. 301090/06 in Sedelmayer v. Germany, available at http://hudoc.echr.coe.int/eng . 81 R. Dolzer and

Paula Wojcikiewicz Almeida

values, such as the European Court of Human Rights or the Inter-American Court of Human Rights, the ICJ ’s recognition and application of erga omnes obligations is in itself a patent example of its prominent role in the protection of the interests of the international community. Nevertheless, the

Clemens Treichl and August Reinisch

between organizational immunity and the fundamental right to access to a court enshrined in the European Convention on Human Rights (‘ ECHR ’) 142 and in domestic constitutions has engendered an abundance of judgments not only by the European Court of Human Rights, 143 but also by domestic

Brianna Gorence

-down approach identifies general principles of international law by reading them into international treaties, jurisprudence from international courts and State practice. Exemplary cases illustrating this approach include Mamatkulov et al. v. Turkey (European Court of Human Rights (ECtHR)) 43 and Lawless v

Guillaume Le Floch, Marie Lemey and Lucie Paiola

Rights Committee and the European Court of Human Rights, it found that the “Trial Chamber appropriately balanced both expediency and fairness in the circumstances of Mr Ntaganda’s trial.” 166 As a result, Trial Chamber VI did not infringe the accused’s fair trial rights, notably the right to remain

Series:

Ranjini Ramakrishnan

respect of all actions connected to its mandate. The court also found that national courts are not competent to review the activities of IOs, and such review constitutes an abuse of law. Finally drawing from the European Court of Human Rights, the court ruled that any such limitation must be proportionate