Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...

The projected inclusion of the subsidiarity principle and the margin of appreciation doctrine in the preamble to the European Convention on Human Rights (ECHR) is a legal turn that deserves special attention. Is it a welcomed reform which will enhance the Strasbourg Court's often-questioned...

This essay is a reply to four critiques of the thesis advanced in The Sovereignty of Human Rights, which are to be published in a special issue of the Jerusalem Review of Legal Studies. The first claims that practices associated with human rights in the international arena bear a loose...

Whilst the use of European consensus by the European Court of Human Rights is receiving some attention in the relevant scholarship, there has been very little assessment of the validity of the assumption that this method of decision making enhances the legitimacy of judgments. There has also...

Drawing on an expert seminar, a public consultation and more than 40 written submissions, the report describes possible methods of implementing human rights obligations relating to the enjoyment of a healthy environment. The proposals are addressed to: (a) the Human Rights Council, the United...

The EU has included human rights clauses in its international trade and cooperation agreements since the early 1990s. These clauses permit a party to a trade agreement to adopt ‘appropriate measures' in the event that the other party violates human rights or democratic principles. This study...

Business-related human rights abuses remain endemic in Europe and globally. European actors have implemented measures to address business-related human rights abuses both prior and subsequent to the United Nations 2011 Guiding Principles on Business and Human Rights, a central reference point of...

This article illustrates how the European Court of Human Rights (ECtHR) reversed its jurisprudence on adoption by single homosexual individuals, and describes the consequences of this decision within the French legal system

This short paper explores the implications of international standards for European migration law, in particular the application of the Dublin II Regulation and the operation of Frontex. It discusses the facts and judgments in the 2011 and 2012 European Court of Human Rights decisions Belgium and...