Results 51 to 60 of about 23,647 (227)

Aggravated Migrant Smuggling in a Transit Migration Context, Criminal Victimization under ECtHR Positive Obligations Case Law

open access: yesAnnales de la Faculté de Droit d’Istanbul, 2022
The legal dichotomy established between migrant smuggling and human trafficking has often been criticized, including from the perspective of associated distinctions arising in human rights protection.
Roxane De Massol De Rebetz   +1 more
doaj   +1 more source

Situating the ICJ's advisory opinion in the wider ecosystem of international climate litigation

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract Although international climate cases are a relatively recent phenomenon, the International Court of Justice's (ICJ) climate advisory opinion enters an increasingly well‐populated ecosystem of international climate jurisprudence. The ICJ's ruling, along with those of the International Tribunal for the Law of the Sea (ITLOS) and the Inter ...
Jacqueline Peel
wiley   +1 more source

The international climate change regime and general principles of law

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract The Climate Change Advisory Opinion (AO) by the International Court of Justice (ICJ) demonstrates the growing prominence of general principles of law in international law. The Climate Change AO was handed down at the end of the International Law Commission's project on general principles of law with the adoption of its Draft Conclusions.
Renatus Otto Franz Derler, Mads Andenas
wiley   +1 more source

Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

open access: yesUtrecht Law Review, 2017
This article discusses to what extent and how the European Court of Human Rights (ECtHR) has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the ...
David Kosař
doaj   +1 more source

The Orwellian Reality of Counter-Terrorism Measures Under The ECHR

open access: yesGroningen Journal of International Law, 2020
This paper seeks to analyze the impact of terrorism on the enjoyment of civil liberties guaranteed under the European Convention on Human Rights (ECHR).
Sam Thyroff-Kohl
doaj   +1 more source

European Court upholds criminal conviction for purchasing illegal firearm as a form of ‘check it out’ journalism in Salihu ao v. Sweden [PDF]

open access: yes, 2016
A recent decision of the European Court shows that journalists who commit (minor) offences during newsgathering activities cannot invoke robust protection based on their rights to freedom of expression and information as guaranteed by Article 10 of the ...
Simons, Daniel, Voorhoof, Dirk
core  

Fossil fuel feuds and the ICJ Advisory Opinion on Climate Change

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract The Advisory Opinion on Obligations of States in Respect of Climate Change by the International Court of Justice (ICJ) breaks new ground by clearly identifying fossil fuel production, licensing and subsidisation among the activities to which international climate change obligations apply, going as far as suggesting that such activities may ...
Harro van Asselt, Tejas Rao
wiley   +1 more source

The rise of the ecocentric right to a healthy environment before human rights courts in Africa and Latin America

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract This article examines jurisprudence from key African and Latin American human rights bodies regarding the right to a healthy environment, with a focus on recent jurisprudence (2023–2025). It identifies a growing trend of an ecocentric interpretation of the right, which acknowledges that the environment and the life forms within it hold ...
Sonja Kahl
wiley   +1 more source

Article 6 of the European Convention on Human Rights (right to a fair trial) in juvenile cases

open access: yesJournal of Modern Science
The purpose of the article is to determine whether the guarantees of Article 6 of the ECHR in the form of the right to a fair criminal trial are available in juvenile proceedings, including in the welfare model.
Aleksandra Nowosad
doaj   +1 more source

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