Results 61 to 70 of about 5,817 (215)

‘Taking inaction on carbon sinks to court’1 in Ireland? Comparative analysis of Finnish and German cases

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract The carbon sink capacity of ecosystems has long been neglected, leading to their degradation and the release of stored carbon, thereby exacerbating climate change. As parties increasingly resort to courts to resolve controversies over the sufficiency of measures to combat climate change, carbon sinks are emerging as a focal point.
Alessandra Accogli, Amelia Burnette
wiley   +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

Common and civil law approaches to tort‐based corporate climate litigation: A comparative case law review

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract As corporate climate litigation intensifies globally, litigants consistently encounter the same procedural and substantive hurdles: duty of care, standing and causation. Success in navigating these hurdles has been sporadic, and most existing inquiry has sought to understand these trends according to geographical or case‐type lenses.
Calum MacLaren
wiley   +1 more source

Recent Polish ECtHR judgments : fewer systemic problems - more fine-tuning [PDF]

open access: yes, 2010
This article discusses some important recent Polish judgments and how they have been followed up. For many years Poland has been known at the ECtHR for a series of clone or repetitive cases reflecting structural problems in human rights protection in ...
Bodnar, Adam
core  

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

JUDICIAL DIALOGUE IN THE LIGHT OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS

open access: yesZbornik Pravnog Fakulteta Sveučilišta u Rijeci, 2019
The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018.
Bruna Žuber, Špela Lovšin
doaj   +1 more source

Rights of Nature in the EU: A thought experiment to improve access to justice

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley   +1 more source

Should the European Court of Human Rights Treat the Anonymous and the Absent Witness Equally? The Application of the Same Three-Step Test

open access: yesGroningen Journal of International Law
The ‘right to (cross)-examination’ is regulated in Article 6(3)(d) of the European Convention on Human Rights (ECHR). However, this right is not absolute and can, under circumstances, be limited.
Candan Yilmaz
doaj   +1 more source

Luxembourg Has Spoken: Polish and Dutch Judges' Satisfaction With Rule of Law Judgements of the Court of Justice of the EU

open access: yesJCMS: Journal of Common Market Studies, Volume 64, Issue 4, Page 1405-1430, July 2026.
Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
wiley   +1 more source

Exploring and Explaining the Use and Proliferation of Whole Life Orders in England and Wales

open access: yesThe Howard Journal of Crime and Justice, Volume 65, Issue 2, Page 167-179, June 2026.
ABSTRACT Whole life orders (WLOs) represent the power of the state to inflict harm at its most extreme, with such sentences being found to be in breach of the European Convention on Human Rights. However, very little research has endeavoured to understand the use of WLOs.
Hannah Gilman, Jake Phillips
wiley   +1 more source

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