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The applicability of the ECHR in contested territories

journal contribution
posted on 2018-10-01, 00:00 authored by M Milanović, T Papić
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.

History

Journal

International and comparative law quarterly

Volume

67

Pagination

779-800

Location

Cambridge, Eng.

ISSN

0020-5893

eISSN

1471-6895

Language

eng

Publication classification

C Journal article, C1.1 Refereed article in a scholarly journal

Copyright notice

2018, British Institute of International and Comparative Law

Issue

4

Publisher

Cambridge University Press