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Mikael Lundmark

Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.

Douglas Guilfoyle

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180810X520327 The International Journal of Marine and Coastal Law 25 (2010) 437–442 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Current Legal Developments European Court of Human Rights Mevedyev and Others v. France

Joseph Dute Kunoy

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180910X12665776638704 European Journal of Health Law 17 (2010) 165-175 brill.nl/ejhl S ELECTED L EGISLATION AND J URISPRUDENCE European Court of Human Rights * ECHR 2009/5 Case of Grori v. Albania, 7 July 2009, no. 25336/04 (Fourth section

Contemporary Developments in International Law

Essays in Honour of Budislav Vukas

Edited by Rüdiger Wolfrum, Maja Seršić and Trpimir Šošić

For the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas’s interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities’ protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means). Of the 49 essays written by scholars and practitioners from different parts of the world six are in French.

Criminal Jurisdiction over Perpetrators of Ship-Source Pollution

International Law, State Practice and EU Harmonisation

Alla Pozdnakova

Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation provides a thorough analysis of criminal jurisdiction over the perpetrators of ship-source pollution. Criminal sanctions for discharge violations committed by sea-going vessels represent an issue of critical concern in the field of International Law, given the many devastating pollution cases which have occurred at sea, and the multitude of complications inherent in the criminal prosecution of the perpetrators of these pollution cases. The varying substantive and geographical reach of any given State’s criminal law poses unique challenges in prosecution, addressed in a comprehensive discussion which includes limitations posed by the UN Law of the Sea Convention. Additionally, consequences arising from the potential conflict between the EU harmonization measures within the field, and UNCLOS are detailed in the monograph.

Lawyers, academics, and legal researchers, will appreciate Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation as a thorough source of information on the existing rules and practice in criminal cases involving pollution violations from ships.

James Harrison

principles of jurisdiction found in the law of the sea. The failure to do so can lead to odd results. Papanicolopulu points to the Medvedyev case in which the European Court of Human Rights held that an authorisation to take action against a ship did not cover enforcement action against the crew and so the

Irini Papanicolopulu

and American courts, 2 the European Court of Human Rights, 3 and other negotiating fora. This brief note presents the con- tent of the application, puts it in context by referring to the genesis of the dispute and the proceedings before the European Court of Human Rights and briefly comments upon the

Efthymios D. Papastavridis and Maria Xernou

justify resorting to the ILC ’s work. Noteworthy is that this Chapter makes a masterful use of theory and case law from the European Court of Human Rights on matters concerning the application of ARSIWA and ARIO . The role of the Commission, the legal nature of the operational plan of Frontex, as well

Marta Bo

Introduction On 4 December 2014, the European Court of Human Rights (ECtHR) rendered its decisions in Hassan and Others v. France 1 and Ali Samatar and Others v. France . 2 These decisions address several issues of recurrent interest, which have arisen out of prosecutions for piracy