Salma Yusuf, Human Rights and The Environment – A View from the European Court of Human Rights

TITLE OF ESSAY : HUMAN RIGHTS AND THE ENVIRONMENT – A VIEW FROM THE EUROPEAN COURT OF HUMAN RIGHTS AUTHOR OF ESSAY: SALMA YUSUF BASED ON A PAPER PUBLISHED AT UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION EXECUTIVE SUMMARY The paper is set within the context of the emerging discourse on environmental security and sustainable development. It [...]

Opening Remarks to The Editorial Team and Members of International Law Observer by Salma Yusuf

Greetings to fellow members of the international legal community representing the diverse jurisdictions and legal systems of the world! It is both a pleasure and a privilege to be welcomed to the distinguished Panel of Authors of the Editorial Team at the International Law Observer. Thank you, Dominik Zimmerman, Editor-in-Chief of the International Law Observer, [...]

Brighton Declaration Adopted at the High Level Conference on the Future of the European Court of Human Rights

Through the Brighton Declaration adopted at the High Level Conference on the Future of the European Court of Human Rights meeting at Brighton on 19 and 20 April 2012 at the initiative of the United Kingdom Chairmanship of the Committee of Ministers of the Council of Europe the Member States of the European Convention on [...]

The Activity of the European Court of Human Rights in 2011

On 26 January 2012 the European Court of Human Rights held its annual press conference.  On this occasion, Sir Nicolas Bratza, the President of the Court, presented a summary of the Court’s activities and its statistics for 2011. Among others he said that the European governments must assume their part of the shared responsibility for [...]

The Role of the Council of Europe in the Fight against Trafficking in Persons

* By Dr. Roberta Avellino Introduction The role of the Council of Europe in areas, which affect the full enjoyment of human rights and fundamental freedoms, has always been of great significance. Consequently, the Council of Europe has also invested in its fight against trafficking in human beings with the protection and promotion of the [...]

Introducing a guest post by Roberta Avellino

This guest post by Dr. Roberta Avellino, who holds a Doctor of Law Degree and a Master of Laws (LL.M.) in International Law from the University of Malta, discusses the role of the Council of Europe in the fight against trafficking in persons with special reference to the Convention on Action against Trafficking in Human [...]

State Compliance with the European Convention on Human Rights

Were you wondering about what claims are being brought before the European Court of Human Rights (ECtHR) and the level of compliance by each Member State of the European Convention on Human Rights (ECHR) with its obligations under this Convention? Were you wondering about what are the most problematic aspects of a specific State’s national [...]

The Case of Georgia v. Russia before the ECtHR

Background and history of the proceedings The hearings in the inter-State Georgia v. Russia (II) case (application no. 38263/08) before the European Court of Human Rights (ECtHR) were held on 22 September 2011. The webcast of the hearings is available here. For a complete list of inter-State cases before the ECtHR see here. The formal [...]

India Army Major Avtar Singh- Perpetrator of Extrajudicial Killing – Roaming Free in California

On 13th May 2011 I read a news item in Kashmiri local newspaper Greater Kashmir captioned ‘File status report on Major Avtar’s Extradition’.  The news stated that Court directed police to file a status report on the progress made in the extradition of Major Avtar Singh, accused in the killing of prominent lawyer and human [...]

Inter-American Court of Human Rights Rules on Irregular Migrants’ Rights

We conclude this year with some good news from the Inter-American Court of Human Rights in Costa Rica, which just handed down a landmark case regarding the human rights of irregular migrants. In the case Vélez Loor v. Panamá, published 10 December 2010, the Court held that Panamá was liable for a breach of the [...]

Sweden and the Universal Periodic Review in the Human Rights Council

Introduction During its tenth session the Working Group[1] on the Universal Periodic Review (UPR) in the Human Rights Council (HRC), on 7 May 2010 held its first review of the Swedish human rights record. Sweden had submitted its report on national protection of human rights on 22 February 2010.[2] During the review a number of [...]

Sami Land Rights – The ECtHR Judgment in the Case of Handölsdalen Sami Village and Others v. Sweden

On 30 March 2010 the Third Section of the European Court of Human Rights (‘ECtHR’), sitting as a Chamber, issued its judgement in the case Handölsdalen Sami Village and Others v. Sweden.[1] The case concerns the rights of the Sami[2] to use privately owned land for winter grazing of their reindeers in the municipality of [...]

UNHCR expelled from Libya

The following post supplements a previous ILO post by myself (May, 4) on Italy’s “push-back” policy, titled Italy’s asylum policy violates international law (click here). For more information, see also a column published in Human Rights Brief, (2010) Vol. 17(3), titled The European Court of Human Rights scrutinizes Italy’s asylum policy (click here). Last week, the United [...]

Inter-American Court is holding sessions from 17-28 May

From 17 to 28 May 2010, the Inter-American Court of Human Rights is holding ordinary sessions at its seat in Costa Rica. These sessions will include public hearings, deliberations of judgments to be handed down as well as hearings on and deliberations of provisional measures potentially to be granted by the Court. Also, sessions regarding [...]

African states promote UN resolution against female circumcision

Last week, officials from 27 African states, United Nations envoys and international activists assembled in Dakar, Senegal, for a conference on female circumcision. The aim of the meeting was to encourage the adoption of a universal resolution that explicitly prohibits female genital mutilation as a practice that violates human rights. According to the World Health [...]

Landmark Decision on the Eviction of Indigenous People in Kenya

The following is a guest post by Michèle Morel, who is a Ph.D. researcher at the Faculty of Law, Ghent University, Belgium. Her Ph.D. deals with the international legal aspects surrounding environmental displacement.  On February 4, 2010, the African Union adopted the decision by the African Commission on Human and Peoples’ Rights issued in May [...]

Right to a Healthy Environment

Professor Douglas Cassel’s commentary “Do we Have a Human Right to a Healthy Environment?” critique the existance of the right to a healthy environment in the international law discourse. The author argues that the matter has complex underlying legal challenges that have to be unmasked for it to be clearly comprehended.  He brings an interesting dimension regarding the relationship [...]

ECtHR’s interim measures ignored

In Saadi v Italy, the European Court of Human Rights held in 2008 that article 3 of the European Convention on Human Rights prohibits expulsion of individuals to states where they would face a “real risk” of torture, inhuman or degrading treatment. In other words, the Court held that serious threats to the community presented [...]

A New EC Commissioner for Fundamental Rights?

Maybe if Barroso is re-elected and gets his way. EU Observer has the story.

EU Fundamental Rights and Counter-Terrorist Blacklisting in the Next Round: The El Morabit Decision of the CFI (T-37/07 and T-323/07)

A brief follow-up on the ECJ’s Kadi decision and the Court of First Instance’s (CFI) – slightly less famous – PMOI decisions we reported earlier on (see here, here and here). The Kadi decision dealt with an EU regulation implementing a UN blacklist which provided for the freezing of financial means of suspected Al Quaida [...]

The decision of the Swedish government to extradite a Rwanda genocide suspect

Introduction On 9 July 2009 the Swedish government rendered an affirmative decision on whether or not to extradite a Rwandan citizen to Rwanda due to his suspected involvement in the 1994 genocide. The decision by the Swedish government was the first of its kind of a European State and the implementation was stopped only after [...]

Anja Seibert-Fohr, Prosecuting Serious Human Rights Violations, New York: Oxford University Press, 2009

Anja Seibert-Fohr, Prosecuting Serious Human Rights Violations, New York: Oxford University Press, 2009 (ISBN-10: 0199569320; ISBN-13: 978-0199569328) As part of covering relevant literature for our section of the blog featuring interesting new publications I have had the opportunity to review the book Prosecuting Serious Human Rights Violations by Anja Seibert-Fohr. In the foreword to the [...]

The challenges for democratisation and human rights in Africa (Part I/III)

The contexts, challenges and prospects for human rights in Africa have changed quite considerably in recent years. Human rights discourses find favour in both political and popular circles, among the ideologues of the state and the interlocutors of civil society, a tribute to the enduring and unfulfilled yearnings for more humane societies deeply rooted in [...]

Litigation in the ECtHR and Domestic Implementation of Human Rights Case Law

The margin of appreciation doctrine of European Court of Human Rights gives states leeway in their interpretation of the European Convention on Human Rights. States also have the freedom to decide how they implement judgments finding violations against them. This has meant that individuals in each Council of Europe (CoE) member state experience rights protection [...]

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