The applicability of the ECHR in contested territories

Milanovic, Marko and Papić, Tatjana (2018) The applicability of the ECHR in contested territories. International and Comparative Law Quarterly . ISSN 1471-6895

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Abstract

This article examines the applicability of the European Convention for Human Rights (ECHR) when a State loses control over parts of its territory. It argues that the jurisprudence of the European Court for Human Rights, which insists on residual positive obligations based in sovereign title over territory, is problematic and needs to be rethought. The Court’s current approach is not only likely to provoke backlash, since it requires it to decide politically explosive questions of sovereign title, but does so for very little practical benefit for the protection of human rights. The article therefore explores more preferable alternatives.

Item Type: Article
RIS ID: https://nottingham-repository.worktribe.com/output/944546
Additional Information: © Cambridge University Press 2018
Keywords: Jurisdiction; Responsibility; ECHR; European Court of Human Rights; Sovereignty; Positive obligations; Kosovo; Georgia; Ukraine; Russia; Crimea
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Law
Identification Number: https://doi.org/10.1017/S0020589318000234
Related URLs:
URLURL Type
https://www.cambridge.org/core/journals/international-and-comparative-law-quarterlyUNSPECIFIED
Depositing User: Eprints, Support
Date Deposited: 12 Jul 2018 10:20
Last Modified: 04 May 2020 19:44
URI: http://eprints.nottingham.ac.uk/id/eprint/52908

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