Case Commentary: Judgment of the European Court of Human Rights of 9 October 2014
Non-enforcement of judgments by municipal unitary enterprises may give rise to State responsibility. No effective remedies against prolonged non-enforcement of judgments issued against municipal unitary enterprises undergoing liquidation proceedings are available in Russia, which constitutes a violation of Article 13 of the European Convention. Non-enforcement of judgments amounts to a violation of Article 6 and Article 1 Protocol No. 1 to the Convention.
On January 27, 2014 the International Court of Justice in its decision concerning the maritime delimitation between the Republic of Peru and the Republic of Chile in the Pacific Ocean ruled that the 80 nautical mile border between the countries, established by the parties’ tacit consent, must be determined in accordance with the usual principle of equidistance. The author analyses severl contentious elements of the result, which he deems a just one.
Oscar Parra Vera
The article is an examination of how the Inter-American Court of Human Rights applies the principle of due diligence and the evolution of the jurisprudence on that matter. The author analyzes the Court’s case law on access to justice in the light of the fight against impunity and defines due diligence standards which call for enhancing state responsibility.
The appointment procedure for judges is one of the factors that guarantee the independence of international judicial bodies. As a result of a comparative analysis of different national and international selection procedures, the author makes some remarks about how to improve the system. The first part of the article discusses specific proposals for the composition, procedures, and powers of selection bodies.
Helen Keller, Cedric Marti
The article is available for free download
The institution of interim measures is an effective and powerful instrument for the human rights judiciary. Interim measures safeguard the effectiveness of the human rights protection system by preventing particularly harmful violations that would not be reparable by a decision on the merits. This article undertakes a comprehensive comparison of the UN Human Rights Committee’s and the European Court of Human Rights’ use of interim measures.
Intervention under Article 62 of the Statute of the International Court of Justice is an incidental proceeding which arises out of the main proceeding between States before the Court. Intervention pursuant to Article 62 is possible only if the decision in the case may affect an interest of a legal nature of a non-party State.
Vadim Balytnikov, Dmitry Kuznetsov
The article discusses a number of recent decisions of European international tribunals regarding the mass-media which, according to the authors, are of great interest both from the perspective of their theoretical influence on the Russian national legal system and from the perspective of establishing similar judicial practices within the framework of Eurasian integration.
Anait Smbatyan, Sergey Tymma
While considering the China – Rare Earths dispute in 2014 the WTO Dispute Settlement Body missed the opportunity to correct an error it had made earlier, in 2012, in China – Raw Materials on the interrelation between the Marrakesh Agreement and China’s WTO Accession Protocol. This article discusses this error.
In the present article the author analyses the main points stated in the negative Opinion of the Court of Justice of the EU regarding the draft Agreement on the accession of the European Union to the European Convention on Human rights.
Natacha De Roeck