bluuebunny/crossref_metadata_2025 huggingface dataset:
Formation of the Notion of ‘Safeguarding’ Adopted by the 2003 Convention
Authors: Arantes Antonio
Published: August 2024

This chapter considers how the expression, ‘safeguarding intangible cultural heritage’, was formed within the context of transformations in the instruments and strategies for protecting cultural elements that have usually been designated as ‘folklore and traditional (and popular) culture’. The trajectory of this policy since the mid-twentieth century mapped a winding path of dialogues with and divergences from everyday notions and preservationist culture. The chapter explores this path as a means to comprehending the factors that differentiate safeguarding from other dispositifs employed to protect cultural elements. It also examines this path in relation to which it acquires specificity, meaning, and scope. In this process, political and conceptual possibilities for social engineering were envisaged and discarded, choices were legitimized and, no less importantly, networks were created, formed by actors and narrators of the trajectory that would eventually lead to designing the ICH Convention.
The Law of International Human Rights Protection
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. This book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one hand, and economic, social, and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.
The Legal Nature of Human Rights Obligations
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter considers the question of how human rights obligations are fulfilled. This complex question can be addressed either from the perspective of the duty bearers, i.e. those bound by human rights obligations, or from the perspective of rights holders. The two approaches are combined in an exposition of three different facets of the question: (1) Who owes obligations to whom? The purpose of this question is to identify, on the one hand, human rights duty bearers and, on the other, human rights holders. (2) What is the content and scope of these obligations? This raises the issue of the different categories of human rights obligations and the directly related issue of the extent to which rights may be restricted. (3) Who has a right to what, where and when? This question addresses the scope of application of human rights in personal, substantive, territorial, and temporal terms.
Charter Based Bodies
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter deals with the Charter-based bodies tasked with the protection of human rights. Among these is the General Assembly, which holds a discussion on human rights issues each year through its Third Committee, based on reports submitted to it by the High Commissioner on Human Rights and some of the Special Procedures mandate holders and treaty bodies. The General Assembly also adopts the text of human rights declarations and conventions on human rights that are prepared either by the Human Rights Council or by another of its subsidiary organs. Several other bodies, such as the Office of the United Nations High Commissioner for Human Rights as well as the Commissions on the Status of Women and on Crime Prevention and Criminal Justice are entrusted with specific mandates relevant for the protection of human rights.
Protection of Human Integrity: Prohibition of Torture and of Enforced Disappearance
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter discusses the prohibition of torture and inhuman or degrading treatment or punishment and the prohibition of enforced disappearance of persons. International human rights treaties contain a range of guarantees designed to safeguard the individual's physical and mental integrity. The prohibition of torture and inhuman or degrading treatment or punishment proscribes serious interference with a person's physical or mental integrity that can negate the very basis of human dignity by traumatizing its victim. Thus, the ban on torture occupies a special position in international human rights law and has the status of an absolute and non-derogable norm in all treaties. A particularly offensive form of cruelty is the widespread practice of enforced disappearance, i.e. deprivation of a person's liberty by or with the knowledge of state agents while denying that the person is in their custody. This crime not only breaches the prohibition of inhuman treatment but grossly violates or threatens other fundamental human rights.
Protection of the Human Person in the Economic Sphere
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

Economic activities have become a fundamental aspect of the human existence. They are a necessary means to earn an adequate standard of living; many persons also find satisfaction and fulfilment in exercising professional activities. Private property may contribute to securing an adequate standard of living and contribute to individual development. At the same time, the economic sphere can be a source of exploitation of individuals which, in extreme cases, may amount to forced labour and modern forms of slavery. This chapter deals with protection from these worst forms of economic exploitation. It provides a short overview on the right to work and human rights protection of workers followed by a discussion of property related rights.
Protection from Unfair Trials
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter discusses the right to protection from unfair trials. Access to justice is a central pillar of the rule of law. However, while a disorganized and ineffective judiciary is certainly not conducive to the protection of rights, a highly efficient and effective judicial system can become a powerful weapon in the hands of an authoritarian government unless it adheres to the basic tenets of international human rights law. Therefore, justice in the sense of fair and reasonable outcomes of legal disputes cannot be done unless (i) people have at least access to dispute resolution mechanisms, in particular competent courts and tribunals; (ii) judicial institutions are impartial and independent; and (iii) their procedures are fair and respect the equality of everyone in judicial proceedings. As procedural fairness is particularly important for persons facing criminal charges, human rights conventions enshrine particularly detailed procedural guarantees applicable to criminal trials.
Mediation and the Settlement of International Investment Disputes
Authors: Titi Catharine
Published: August 2024

Investment cases settled through mediation represent only an inconsequential fragment of international investment disputes. But recent developments show that alternative dispute resolution (ADR) is gaining traction at a time when the traditional system of investor-state dispute settlement (ISDS) brims with critiques and efforts are made to reform it. Although investment treaties often make provision for amicable dispute settlement, including mediation, as a precondition to arbitration, the relevant clauses tend to impose waiting periods rather than an actual obligation to pursue dispute resolution in ADR. Numerous investment treaties do not give the parties’ advance consent to mediation. The chapter argues that investment mediation could be a helpful tool to resolve some investment disputes, although the role of advance consent in this context does not have the significance it has for arbitration. But the limitations of mediation must also be borne in mind. Where the relationship between the disputing parties has entirely disintegrated, mediation is unlikely to prove to be a workable solution, and can add to the costs and time necessary to settle the dispute. But there is a strong argument to be made in favour of encouraging mediation as a complimentary, non-binding option in investment treaties.
Concurrent Co-Mediation
Authors: Coe Jack J
Published: August 2024

Tested by an avalanche of disputes, investment treaty arbitration has proved to be imperfect. Critics argue, with some justification, that the system relies on, and continues to produce, jurisprudence that is indeterminate, and that the arbitral mechanism in use is slow, expensive, and highly combative. Being a type of arbitration, moreover, it produces a winner and a corresponding loser; that potential for zero-sum outcomes poses risks to disputants on both sides and is particularly inappropriate for certain kinds of cases. Interest in reforming the prevailing investor-state disputes regime has led to consideration of third-party assisted non-arbitral problem-solving, and in particular mediation (conciliation). Most often, what is envisioned is the use of mediation as a process that supplements arbitration in some fashion. Examining a variation of the usual model, this chapter considers ‘concurrent (or ‘shadow’) mediation’, a methodology under which one or more third-party neutrals pursue collaborative problem-solving efforts that coincide, on a coordinated basis, with arbitration. The mediation element would be triggered by prompts in the investment treaty involved and supported by the rules available to the parties through an administering institution or otherwise. The discussion explores in particular a model that employs two mediators, rather than one, an approach variously referred to as ‘team mediation’ or ‘co-mediation’. The chapter concludes that the involvement of concurrent co-mediation would most likely add to settlement rates, and reduce overall costs to the disputants, while producing outcomes that are legitimate and durable.
The ICSID Conciliation Rules in Practice
Authors: Nitschke Frauke
Published: August 2024

The International Centre for Settlement of Investment Disputes (ICSID) is most known for its arbitration caseload; however, the ICSID Convention and the ICSID Additional Facility Rules also envision the settlement of investment disputes through conciliation proceedings. This chapter provides an overview of the ICSID Conciliation process, from the filing of a request for conciliation, its registration, to the constitution of the conciliation commission, and the conduct of the conciliation procedure, including the outcomes of ICSID conciliation proceedings to date. The chapter further examines the application of the Conciliation Rules under the ICSID Convention and the ICSID Additional Facility Rules by the respective conciliation commissions, thereby providing an unprecedented review of ICSID conciliation practice. Taking into account past practice, it then discusses the amendments proposed by the ICSID Secretariat to the ICSID conciliation framework. Where suitable, the chapter includes quantitative analysis of the ICSID conciliation caseload. It closes by looking at the future of the ICSID conciliation procedure, and reviews the centre’s activities in the area of investor-state mediation.
Political Risk Insurance and Mediation
Authors: Hobér Kaj
Published: August 2024

For an investor there are several ways to protect itself against political risk. A direct and effective method of obtaining such protection is to purchase political risk insurance. Two of the leading public providers of political risk insurance are the Multilateral Investment Guarantee Agency (MIGA) and the Overseas Private Investment Corporation (OPIC). There are also several private providers of such insurance. The insurance arrangement agreed upon is governed by contracts and/or treaties. This contribution seeks to explore the role that mediation could play to resolve disputes between different stakeholders in a political risk insurance arrangement. It identifies four scenarios where mediation could be used to settle disputes among the involved parties.
The Treaty on the Prohibition of Nuclear Weapons
Authors: Casey-Maslen Stuart
Published: August 2024

This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. The treaty is examined article by article, with discussed of how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is also provided.
Article 1: Prohibitions
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 1 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Prohibitions.
Article 2: Declarations
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 2 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Declarations.
Article 6: Victim Assistance and Environmental Remediation
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 6 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Victim Assistance and Environmental Remediation.
Article 9: Costs
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 9 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Costs.
Article 11: Dispute Settlement
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 11 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Dispute Settlement.
Article 15: Entry into Force
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 15 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Entry into Force.
Article 17: Duration and Withdrawal
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 17 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Duration and Withdrawal.
Specialities: jus cogens, Obligations erga omnes, Soft Law
Authors: Thirlway Hugh
Published: August 2024

This chapter discusses the sources of obligations erga omnes, sources of norms of jus cogens, and soft law. It shows that the concepts jus cogens and obligations erga omne are related, and neither can be discussed in complete isolation from the other. The existence and nature of soft law is more controversial. This is the case even though examples of texts that seem to merit that designation are far more numerous than is the case for jus cogens. On the basis that soft law does exist and is correctly classified as a form of ‘law’, its manifestations seem to be fully explicable on the basis of the operation of traditionally recognized sources—custom and treaty—and not to require any new or additional source to be postulated.
Article 1
Authors: Heintze Hans-Joachim
Published: August 2024

This chapter comments on Article 1 of the Framework Convention for the Protection of National Minorities (FCNM). Article 1 unambiguously stresses that the protection of national minorities, and of persons belonging to national minorities, forms an integral part of the protection of human rights. This finding, in itself, represents a major step forward in the development of minority rights. However, Article 1 also reflects the main problems connected with the modern concept of minority protection. One of these relates to the issue of the dimensions, individual or collective, of this protection. On the one hand, Article 1 speaks about the protection of national minorities, thereby referring to the collective or group dimension of this right. On the other hand, it deals with persons belonging to those minorities, thus clearly adopting an individual approach. This tends to show that minority protection falls in a certain legal grey area between individual and group rights. However, the FCNM's authors reject such an impression and emphasize the protection of persons belonging to national minorities.
Article 3
Authors: Heintze Hans-Joachim
Published: August 2024

This chapter comments on Article 3 of the Framework Convention for the Protection of National Minorities (FCNM). Article 3 consists of two paragraphs. Article 3(1) states that, every person who belongs to a national minority has the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice. Article 3(2) states that, persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others. The most complicated and controversial issue of the FCNM is that of personal scope of protection, meaning the definition of the term national minority. Due to the lack of a definition in the FCNM, the Advisory Committee takes into consideration the position of the reporting state party, which, in general expresses its policy through declarations or reservations mentioning the recognized minorities. In addition, it appears that the states parties do not consider Article 3(2) to be an independent norm, but a part of the obligations under Articles 1 and 3(1). Hence, the qualification of minority rights as individual or collective ones can be considered a primarily academic issue.
Article 6
Authors: Gilbert Geoff
Published: August 2024

This chapter comments on Article 6 of the Framework Convention for the Protection of National Minorities (FCNM). Article 6 consists of two sections. Article 6(1) requires states Parties to encourage a spirit of tolerance and intercultural dialogue and to promote mutual respect, understanding, and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic, or religious identity. Article 6(2) requires states Parties to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility, or violence as a result of their ethnic, cultural, linguistic, or religious identity. Article 6 is distinctive within the Framework Convention because it applies to everyone within the state, not just persons belonging to national minorities. This is particularly relevant with respect to threats and discrimination based on ethnicity, language, or religion under Article 6(2). Furthermore, it is necessary for the state to implement criminal laws against hate speech, as well as anti-discrimination laws. If proper respect for other cultures were shown in line with Article 6(1), Article 6(2) would address issues that ought not to arise.
Article 9
Authors: Packer John , Holt Sally
Published: August 2024

This chapter comments on Article 9 of the Framework Convention for the Protection of National Minorities (FCNM). Article 9 contains more detailed rules for the protection of the freedom of expression than Article 7, specifically as it pertains to the free expression and reception of information and ideas by persons belonging to national minorities through the printed and broadcast media in their language of choice. The right of persons belonging to national minorities to receive and impart information in this way depends in great part on their access to media outlets. As such, Article 9 has four substantive provisions expressed in separate sub-paragraphs, covering the right to receive and impart information; the regulation of the broadcast media and cinema enterprises through licensing; states' obligation not to hinder the creation and the use of printed media by persons belonging to national minorities; and states' obligation to facilitate access to the media for persons belonging to national minorities and to promote tolerance and permit cultural pluralism.
Article 11
Authors: de Varennes Fernand
Published: August 2024

This chapter comments on Article 11 of the Framework Convention for the Protection of National Minorities (FCNM). Article 11 consists of three sections that address specific, and in some ways symbolic, aspects of the protection of minorities. Article 11(1) refers to the right of persons belonging to national minorities to use their first name and surname in their own language, and to have these officially recognized by state authorities, a right now understood in human rights terms to be based on the right to private life. Article 11(2) refers to the right to the public display of signs, inscriptions, and other visual forms of a private nature written in a national minority language. Article 11(3) indicates that ‘in areas traditionally inhabited by substantial numbers’, parties should have local, street, and topographical names in the national minority language. None of these sections can be described as revolutionary, yet their presence in a separate provision would appear to have been an attempt to link the importance of language within the identities of individuals and communities, and the need to address this in a more direct and precise way.
Article 13
Authors: Thornberry Patrick
Published: August 2024

This chapter comments on Article 13 of the Framework Convention for the Protection of National Minorities (FCNM). Article 13 is a contemporary expression of the freedom of minorities to establish their own educational institutions as an alternative or supplement to public provision. The right coheres with the general right recognized in ‘undifferentiated’ human rights instruments to establish private institutions for specific purposes, including the furtherance, in the terminology of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), of education according to one's ‘religious and philosophical convictions’. While there is an element of ‘separatism’ in all this, the element of freedom to choose is the essence of the right: this is an exercise in minority rights and not an exercise in state creation of segregated systems of education.
Article 22
Authors: Hannikainen Lauri
Published: August 2024

This chapter comments on Article 22 of the Framework Convention for the Protection of National Minorities (FCNM). Article 22 aims to ensure that persons belonging to national minorities benefit from whichever of the relevant national or international human rights legislation is most favourable to them. Indeed, Article 22 is virtually a copy of the corresponding article in the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) — at the time of the preparation of the Framework Convention it was Article 60 in the ECHR, since its revision, it is now at Article 53 ECHR. States parties certainly understand the meaning of Article 22 and can be expected to avoid infringing it with their national laws. Presumably governments of the states parties are able to keep things under control — to see to it that public authorities do not misinterpret Article 22. If such interpretations were to emerge, governments would need to revoke them.
Article 23
Authors: Hilpold Peter
Published: August 2024

This chapter comments on Article 23 of the Framework Convention for the Protection of National Minorities (FCNM). Article 23 permits a seamless insertion of the FCNM into a normative environment characterized by the presence of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Though of different nature and aims, these two documents have significant common ground. This is most evident in Articles 7, 8, and 10(3) of the Framework Convention which refer, either directly or through the language used, to corresponding provisions of the ECHR. Thus, Article 23, together with the relevant provision in the Preamble of the Framework Convention, is a reminder of the fact that minority rights are human rights. At the same time, these provisions indicate that wherever minority rights conflict with general human rights principles, a balancing of the different interests has to be achieved that takes into account the Framework Convention as an important human rights instrument.
Introduction
Authors: Thornberry Patrick
Published: August 2024

This introductory chapter briefly outlines the origins and development of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention/ICERD). The Convention did not emerge ex nihilo but carried with it a weight of political, ideological, and institutional baggage. On 21 December 1965 the General Assembly of the United Nations adopted the Convention, a move that represented a signal moment in international law and relations. However, in the General Assembly, reaction to its adoption varied in tone and substance. In the adoption speeches, the summaries of the content and significance of the Convention reflected different sets of preoccupations.
The Convention
Authors: Thornberry Patrick
Published: August 2024

This chapter provides a brief résumé of racial theory in its interface with colonialism. In international law and relations, the theory was complemented by assertions of difference and hierarchy that rested on analogous but not identical grounds. While the definition of racial discrimination in the Convention reaches beyond ‘race’ to include discrimination on the grounds of colour, descent, and national or ethnic origin, the ideology of ‘race’ represented the major point of departure for the drafters of the Convention, and warrants explanation. The discrediting of racial theory through conceptual revision and legal standards is also accounted for, even as those standards continue to ‘recycle’ the vocabulary of race in their efforts to confront it. The final section of the chapter reviews the landmark normative and institutional developments that led to the Convention.
Article 2
Authors: Thornberry Patrick
Published: August 2024

This chapter describes Article 2 of the Convention, which acts as its engine, using language of a ‘vigorous nature’ to convert rights into a platform for practical action. While the article is logically organized in progressing from obligations directed at the State and its bodies towards regulating the actions of persons and groups, it is not a masterpiece of drafting. The travaux préparatoires reveal degrees of confusion regarding the proliferation of terms and the overlapping of sub-paragraphs. The drafting was strongly influenced by the metaphors of immediate action and speed of response, illustrating the then dominant view that the swift elimination of racial discrimination was achievable if only the colonial systems could be swiftly demolished and apartheid consigned to history. The assertions of ‘no discrimination here’, allied with those on the ‘unthinkable’ notion of State-sponsored discrimination outside the customary circles of infamy, cemented the overall approach.
Article 5
Authors: Thornberry Patrick
Published: August 2024

This chapter provides a short introduction to Article 5, its travaux, and reservations thereto. Article 5 incorporates on a complex obligation to prohibit and eliminate all forms of racial discrimination, and to guarantee equality before the law on a non-discriminatory basis. The equality guarantee applies to the enjoyment of an extensive, unclosed list of rights—‘notably in the enjoyment of the following rights’—so that other, unnamed rights are also subject to its protection. The explicit naming of rights in Article 5 is unique in the Convention. Whereas the preamble and other articles refer generically to human rights, rights and freedoms, or human rights and fundamental freedoms, Article 5 draws out the implications of the reference to rights and freedoms in Article 1, and is expressly linked to Article 2.
Amending the Convention and reforming its machinery
Authors: Schabas William A
Published: August 2024

Eleven Protocols to the Convention have been adopted that modify or add to the provisions governing administration, procedure, and implementation. All but one of them, Protocol No. 16, is an amending protocol, requiring unanimous consent for entry into force. This chapter discusses these protocols. Among them are Protocol No. 2, which conferred upon the European Court the competence to deliver advisory opinions; Protocol No. 3, which introduced several changes to the Convention concerning the functioning of the European Commission on Human Rights; Protocol No. 5, a result of proposals from the Court and the Commission aimed at ensuring an even rotation of terms of the members of the two bodies; Protocol No. 8 authorized the Commission to set up Chambers capable of exercising all of the powers previously enjoyed by the plenary Commission; Protocol No. 9 allowed individual applicants a direct right of access to the European Court of Human Rights.
Right to life/Droit à la vie
Authors: Schabas William A
Published: August 2024

This chapter presents Article 2 of the European Convention on Human Rights, which protects the ‘right to life’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of slavery and forced labour/Interdiction de l’esclavage et du travail forcé
Authors: Schabas William A
Published: August 2024

This chapter presents Article 4 of the European Convention on Human Rights, which prohibits slavery and forced labour. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to liberty and security/Droit à la liberté et à la sûreté
Authors: Schabas William A
Published: August 2024

This chapter presents Article 5 of the European Convention on Human Rights (ECHR), which protects the right to liberty and security of the person. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to a fair trial/Droit à un procès équitable
Authors: Schabas William A
Published: August 2024

This chapter presents Article 6 of the European Convention on Human Rights, which protects the right to a fair trial. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
No punishment without law/Pas de peine sans loi
Authors: Schabas William A
Published: August 2024

This chapter presents Article 7 of the European Convention on Human Rights, which protects against punishment without law. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Freedom of expression/Liberté d’expression
Authors: Schabas William A
Published: August 2024

This chapter presents Article 10 of the European Convention on Human Rights, which protects the freedom of expression. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of discrimination/Interdiction de discrimination
Authors: Schabas William A
Published: August 2024

This chapter presents Article 14 of the European Convention on Human Rights, which prohibits discrimination based upon race, sex, language, religion, and other analogous grounds. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Establishment of the Court/Institution de la Cour
Authors: Schabas William A
Published: August 2024

This chapter presents Article 19 of the European Convention on Human Rights, which establishes the European Court of Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Criteria for office/Conditions d’exercise des fonctions
Authors: Schabas William A
Published: August 2024

This chapter presents Article 21 of the European Convention on Human Rights, which sets the criteria for appointment to high judicial office. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Terms of office and dismissal/Durée du mandat et révocation
Authors: Schabas William A
Published: August 2024

This chapter presents Article 23 of the European Convention on Human Rights, which sets out the terms of office and dismissal proceedings for judges. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Third-party intervention/Tierce intervention
Authors: Schabas William A
Published: August 2024

This chapter presents Article 36 of the European Convention on Human Rights covering third party intervention in Court proceedings. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Examination of the case/Examen contradictoire de l’affaire
Authors: Schabas William A
Published: August 2024

This chapter presents Article 38 of the European Convention on Human Rights, which sets out several principles concerning the examination of the case by the Court. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Final judgments/Arrêts définitifs
Authors: Schabas William A
Published: August 2024

This chapter presents Article 44 of the European Convention on Human Rights, which establishes the finality of judgments of a Chamber or the Grand Chamber. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Reasons for judgments and decisions/Motivation des arrêts et décisions
Authors: Schabas William A
Published: August 2024

This chapter presents Article 45 of the European Convention on Human Rights, which sets out a ‘general rule’ by which ‘all judgments and most decisions of the Court must be reasoned’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Reasons for advisory opinions/Motivation des avis consultatifs
Authors: Schabas William A
Published: August 2024

This chapter presents Article 49 of the European Convention on Human Rights, which confirms that the rules applicable to judgments of the Court, set out in articles 45 and 46(2) of the Convention, also apply to advisory opinions. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Powers of the Committee of Ministers/Pouvoirs du Comité des Ministres
Authors: Schabas William A
Published: August 2024

This chapter presents Article 54 of the European Convention on Human Rights, which states that nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A
Published: August 2024

This chapter presents Article 56 of the European Convention on Human Rights, which establishes the inapplicability of the treaty to non-metropolitan territories in the absence of a distinct declaration. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Preamble/Préambule
Authors: Schabas William A
Published: August 2024

This chapter presents the Preamble of Protocol 4 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A
Published: August 2024

This chapter presents article 5 of Protocol 4 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Relationship to the Convention/Relations avec la Convention
Authors: Schabas William A
Published: August 2024

This chapter presents article 6 of Protocol 4 to the European Convention on Human Rights, which confirms that Protocol No. 6 is an additional protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A
Published: August 2024

This chapter presents article 7 of Protocol 4 to the European Convention on Human Rights, which deals with the signature and ratification of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Abolition of the death penalty/Abolition de la peine de mort
Authors: Schabas William A
Published: August 2024

This chapter presents article 1 of Protocol 6 to the European Convention on Human Rights, which abolishes the death penalty. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of derogations/Interdiction de dérogation
Authors: Schabas William A
Published: August 2024

This chapter presents article 3 of Protocol 6 to the European Convention on Human Rights, which prohibits derogation from the provisions of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Entry into force/Entrée en vigueur
Authors: Schabas William A
Published: August 2024

This chapter presents article 8 of Protocol 6 to the European Convention on Human Rights, which deals with the entry into force of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Procedural safeguards relating to expulsion of aliens/Garanties procédurales en cas d’expulsion d’étranger
Authors: Schabas William A
Published: August 2024

This chapter presents article 1 of Protocol 7 to the European Convention on Human Rights, which provides for procedural remedies concerning the expulsion of non-nationals (or ‘aliens’). It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
General prohibition of discrimination/Interdiction générale de la discrimination
Authors: Schabas William A
Published: August 2024

This chapter presents article 1 of Protocol 12 to the European Convention on Human Rights, which prohibits discrimination on any ground. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A
Published: August 2024

This chapter presents article 4 of Protocol 12 to the European Convention on Human Rights, which deals with the signature and ratification of this Protocol. It includes a brief commentary.