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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.
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The first scholarly journal devoted exclusively to the legal regime of the European Convention on Human Rights (ECHR). The Review offers peer-reviewed, legal scholarship on the protection of fundamental human rights within the ECHR framework and on its implications for other regional human rights regimes. It is a forum for inter alia comparative law, human rights law, international law and philosophy of law analysis of the practice and procedures of the ECHR regime.

While favouring legal (doctrinal, theoretical and philosophical) analysis, the Review also publishes multi-disciplinary works at the crossroads of law, history, political science and economics. It is open to all methods and schools of thought, including, comparative, doctrinal, quantitative and economic analysis of (case) law. It offers scholarship and information of interest to scholars and practitioners, both in the member states and other regions, as well as to all those working in the field of human rights law.
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Author: Peter Kempees
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.

That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.
The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law.
For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration.
This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.
Author: Paul Gragl

. 1  See Council of Europe, Steering Committee for Human Rights, ‘Report to the Committee of Ministers on the Elaboration of Legal Instruments for the Accession of the European Union to the European Convention on Human Rights’ CDDH(2011)009 (14 October 2011) 15, para 3. 2  See in this respect

In: Tilburg Law Review

Interpretation of the European Convention on Human Rights ( oup 2007); M Fitzmaurice, ‘Interpretation of Human Rights Treaties’ in D Shelton (ed), The Oxford Handbook of International Human Rights Law ( oup 2015) 739; B Çali, ‘Specialized Rules of Treaty Interpretation: Human Rights’, in D Hollis (ed) The

In: Universal Civil Jurisdiction
Author: Mel Cousins


This article examines the case law on whether a requirement that a person have a legal right of residence in order to be entitled to social assistance benefits is compatible with the European Convention on Human Rights. It looks, in particular, at a recent series of Dutch cases before the European Court of Human Rights in which the Court rejected as inadmissible arguments that the Dutch residence requirement was in breach of the Convention. The recent cases are of particular relevance as the ECtHR had previously taken a negative view of residence requirements in cases such as Niedzwiecki v Germany. In contrast to that case, the recent Dutch cases involved the residence status of a co-resident rather than the claimant herself.

In: European Journal of Migration and Law

1 Introduction On 1 January 2004 the provisions of the European Convention on Human Rights ( echr ) became part of the domestic law of Ireland under the European Convention on Human Rights Act 2003. As of January 2014, this legislation has therefore been in force for ten years. This article

In: International Human Rights Law Review

Nordic Journal of International Law 78 (2009) 73–93 © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/157181009X397090 NORDIC JOURNAL OF INTERNATIONAL LAW ‘Territorial Non-Application’ of the European Convention on Human Rights Kjetil Mujezinović Larsen * Research Fellow, Ph

In: Nordic Journal of International Law