Axen Case

In: International law reports, Volume 73, p. 498-511

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Article 6(1) — Whether literal interpretation acceptable — Form of publicity — Assessment in light of special features of proceedings — Entirety of proceedings to be taken into accountTreaties — Interpretation of — Principles and rules of interpretation — European Convention on Human Rights, 1950 — Article 6(1) — Civil proceedings — Right to public pronouncement of judgment — Literal interpretation — Object and purpose of Article 6 — Fair trial — Whether case raises serious questions affecting interpretation of ConventionDisputes — Other international courts — European Court of Human Rights — European Commission of Human Rights — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950 — Jurisdiction of Chamber of Court — Whether to be relinquished in favour of plenary Court — Preliminary objection — Decision by Commission to refer case to Court — Whether Court has jurisdiction to evaluate expediency of decisionThe individual in international law — In general — Human rights and freedoms — Civil proceedings — Right to public hearing and public pronouncement of judgment — European Convention on Human Rights, 1950 — Article 6(1) — Fair trial — Entirety of proceedings to be taken into account — Form of publicity — Literal interpretation of Article 6(1) — Whether acceptable — Assessment in light of special features of proceedings — Object and purpose of Article 6 — Whether case raising serious questions affecting interpretation of Convention — Jurisdiction of Chamber of European Court of Human Rights — Whether to be relinquished in favour of plenary Court — Preliminary objection — Decision by European Commission of Human Rights to refer case to Court — Whether Court has jurisdiction to evaluate expediency of decision