Suchergebnisse

AbstractThe ECtHR is in the process of refining its conceptual tools for determining the responsibility of the States Parties to the ECHR acting in execution of a Security Council resolution. Where the implementation of resolutions involving the use of force is concerned, the Court's recent case law has shown a shift towards systematic acceptance of the extraterritorial scope of the ECHR. As to whether the conduct in issue should be attributed to the States Parties or to the UN, the Court now makes a clear distinction between operations authorized by the Security Council and UN peacekeeping operations. The implementation of UN economic sanctions will be addressed differently according to whether or not the respondent State is a member of the EU. The criterion of 'equivalent protection' is only applicable in the former scenario. And in any event, it needs to be applied cautiously on a case-by-case basis. As regards the enforcement of economic sanctions by non-EU Member States, the Court tends to interpret Security Council resolutions in a manner consistent with the obligations deriving from the ECHR. More generally, the Court's approach is oriented towards systemic harmonization rather than towards normative conflict.

Until fairly recently the dominant view in legal doctrine had been that public international law regulates primarily interstate relationships and, on a secondary basis, the functioning of international organizations. The international protection of human rights was thought of as nothing more than a branch, and a rather isolated one, of general international law. On the other hand, there is a tendency to overemphasize the undisreputed specificities of international human rights norms and thus to create the impression that the pertinent rules and institutions form a self-contained regime. It is submitted that none of these views can accurately portray either the realities of or the latest developments in international law. Adapted from the source document.

The persistence of human rights violations around the world clearly demonstrates the need to focus more attention on preventive action. Consequently, international organizations are increasingly strengthening the preventive dimension of their human rights activities. Preventive mechanisms have also emerged and continue to gain ground at the national level. These new realities, however, seem to have received little attention by the academic community. Yet they raise many important issues, which need to be further explored. The above considerations prompted the Marangopoulos Foundation for Human Rights to mark its twentieth anniversary by organizing an International Colloquy on the topic of the prevention of human rights violations. The present Volume contains contributions by the participants, based on the reports they presented at the Colloquy, substantially revised and updated. It constitutes the first attempt at a systematic analysis of the subject of the prevention of human rights violations, focusing on the following five aspects: conventional regimes, non-conventional monitoring mechanisms, international commissioners and Ombudsmen, national Ombudsmen and human rights institutions and the development of a human rights culture. It closes with a theoretical synthesis of the various approaches to the prevention of human rights violations, focusing on the context, the concept and function, as well as methods and techniques of prevention