(CLP) Lecture Whither the Margin of Appreciation?
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Luxembourg 6th European May 2011 Jurists’ Forum O r g a n i z e r Ministry of Justice | Ministry of Finance University of Luxembourg | Luxembourg Bar Council www.eurojurist2011.lu Topic I Financial regulation: European law put to the test Topic II Fundamental rights Topic III Information law in a cross-border European context guest speakers Mr Jean-Claude Juncker Prime Minister of Luxembourg, President of the Euro Group Mr Vassilios Skouris Mrs Viviane Reding President of the Court of Justice Vice-President of the European Commission and of the European Union EU Commissioner for Justice, Fundamental Rights and Citizenship Luxembourg 6th European May 2011 Jurists’ Forum Topic I Financial regulation: European law put to the test 1. A renewal of the sources of law 2. Crisis management and financial stability 3. Strengthening investor protection 1. A renewal of the sources of law Chairperson Prof. Blanche SOUSi-rOUBi University of Lyon, France The proliferation of legal regulation instruments: order or disorder? Speaker Prof. Jean-Jacques Daigre University of Paris I, France European supervisory authorities: the example of european financial markets authority Speaker Prof. eddy WYMeerSCH University of Gand, Belgium The international sources of european law Speaker Prof. Pierre-Henri COnaC University of Luxembourg, Luxembourg Panel Mr David green Advisor, Financial Reporting Council (FRC), United Kingdom Panel Mr Jean gUiLL General Counsel, Commission de Surveillance du Secteur Financier (CSSF), Luxembourg Panel Prof. Heribert HirTe University of Hambourg, Germany 2. Crisis management and financial stability Chairperson Mr Yves MerSCH President, Banque Centrale du Luxembourg, Luxembourg Conflicts of sovereignty? Legal basis of stability pact protection Speaker Prof. -
Mélanges En L'honneur De / Essays in Honour of Dean Spielmann
Liber amicorum Liber amicorum Dean Spielmann Liber amicorum Dean Spielmann Liber amicorum Liber amicorum Dean Spielmann MélangesMélanges en l’honneur en l’honneur de / de / EssaysEssays in honour in honour of of Dean Spielmann DeanDean Spielmann Spielmann Mélanges en l’honneur de / Dean Spielmann Edités par / edited by Josep EditésCasadevall, par / edited Guido by Raimondi, Erik Fribergh, Essays in honour of Josep Casadevall,Patrick Guido Titiun, Raimondi, Peter Kempees, Erik Fribergh, John Darcy PatrickAvec Titiun, l’assistance Peter deKempees, Nicole Lehner John Darcy et Nathalie Donath Avec l’assistance de Nicole Lehner et Nathalie Donath Dean Spielmann Le mandat de Dean Spielmann en tant que Président de la Cour européenne des droits Dean of Spielmann in honour / Essays de Mélanges en l’honneur Le mandatde de l’homme Dean Spielmann s’achève. en tant que Président de la Cour européenne des droits de l’homme s’achève. Après des études prestigieuses à Louvain et Cambridge, Dean Spielmann s’est consacré Dean of Spielmann in honour / Essays de Mélanges en l’honneur Après desà études la profession prestigieuses d’avocat, à Louvain qu’il a exercée et Cambridge, brillamment Dean jusqu’à Spielmann son élection s’est consacré comme juge à la à la professionCour d’avocat, en 2004. qu’il Élu aPrésident exercée brillamment de Section en jusqu’à 2011 sonet en élection 2012, Vice-Président,comme juge à la il devient, Cour en 2004.la même Élu année, Président Président de Section de la enCour. 2011 et en 2012, Vice-Président, il devient, la même année, Président de la Cour. -
Rolv Ryssdal* President, and the Former Vice-President, Hermann Mosler Council of Europe
section Some Notable People3 in the Court’s History CHAPTER 7 Presidents of the Court Lord (Arnold Duncan) McNair (1885–1975) British • Barrister, law professor and international judge • Judge (1946–52) and President of the International Court of Justice (1952–5) • President (1959–65) and thereafter judge at the Court (1965–6) Lord McNair served as the first President of the Court. He was educated at Aldenham School and Gonville and Caius College, Cambridge, where he read law. From 1907 to 1908 he was Secretary of the Cambridge University Liberal Club, and in 1909 he was President of the Cambridge Union. After practising as a solicitor in London, he returned to Cambridge in 1912 to become a fellow of his old college, later becoming senior tutor. In 1917 he was called to the Bar, Gray’s Inn. He had taken an interest in international law from an early age, and in 1935 he was appointed Whewell Professor of International Law at Cambridge. However, he left this chair in 1937 to become Vice-Chancellor of Above: Lord (Arnold Duncan) McNair. Liverpool University. He remained at Liverpool until 1945, Opposite: Poster with some of the when he returned to Cambridge to take up the position of Convention’s keywords (2009). Professor of Comparative Law. The following year he was 106 The Conscience of Europe: 50 Years of the European Court of Human Rights Chapter 7: Presidents of the Court elected a judge of the International Court of Justice in The rights. He wanted above all to place human rights at the heart 1974 that France ratified the Convention, only two years Hague, a post he held until 1955, and he was also President of the European construction project then just beginning. -
Chamber Judgment in the Case of Herrmann V
issued by the Registrar of the Court ECHR 274 (2012) 26.06.2012 Landowner should not be obliged to tolerate hunting on his premises In today’s Grand Chamber judgment in the case of Herrmann v. Germany (application no. 9300/07), which is final1, the European Court of Human Rights held, by a majority, that there had been: a violation of Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights. The case concerned a landowner’s complaint about being forced to accept hunting on his land, even though he is morally opposed to hunting. The Court held in particular that the obligation to tolerate hunting on their property imposed a disproportionate burden on landowners in Germany who were opposed to hunting for ethical reasons. The Court thereby followed its findings in two previous judgments concerning hunting legislation in France and Luxembourg. Principal facts The applicant, Günter Herrmann, is a German national who was born in 1955 and lives in Stutensee (Germany). As the owner of two plots of land in Rhineland-Palatinate which are smaller than 75 hectares, he is automatically a member of the Langsur hunting association under the Federal Hunting Law (Bundesjagdgesetz) and has to tolerate hunting on his premises. Being opposed to hunting on ethical grounds, he filed a request with the hunting authority to terminate his membership of the association, which was rejected. A request to the same effect was rejected by the administrative court, whose judgment was upheld by the appeal court and the Federal Administrative Court. In December 2006, the Federal Constitutional Court declined to consider Mr Herrmann’s constitutional complaint, holding in particular that the Federal Hunting Law aimed to preserve game animals in a way that was adapted to the rural conditions, and to ensure a healthy and varied wildlife. -
Volume.1, Issue.1 AVE MARIA INTERNATIONAL LAW JOURNAL
AVE MARIA INTERNATIONAL LAW JOURNAL SYMPOSIUM: THE HOLY SEE: INTERNATIONAL PERSON AND SOVEREIGN ARTICLES The Holy See: International Person and Sovereign Robert John Araujo Foreign Sovereign Immunity and the Holy See Robert John Araujo The New Delicta Graviora Laws Davide Cito Le nuove norme sui delicta graviora Davide Cito The Holy See in Dialogue With the Jane Adolphe Committee on the Rights of the Child STUDENT NOTE The Truth Unraveled: Lowering Maternal Mortality Elise Kenny Inaugural Issue Volume 1 Fall 2011 Dedicated to Robert John Araujo, S.J. AVE MARIA INTERNATIONAL LAW JOURNAL 2011 - 2012 EDITORIAL BOARD ISSN 2375-2173 JESSICA HOYT Editor-in-Chief CHANILLE L. GRIGSBY ELISE KENNY Managing Editor Publication Manager MAJEL BRADEN MATEUSZ SZYMANSKI Executive Articles Editor Executive Articles Editor SENIOR EDITORS MELINDA ALICO AMY PENFOLD GENEVIEVE TURNER ASSOCIATE EDITORS MICHAEL ACQUILANO ASHLEY HARVEY MUKENI NADINE NTUMBA ASTHA ADHIKARY MARKUS HORNER ALISON ROGERS DOUGLAS CHRISTIANSEN BRENDAN MURPHY MARISSA ROZAS CATHERINE DREYER STEPHANIE MUSKUS COREY SMITH BRIAN GRAVUNDER RENEE VEZINA FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE PROFESSOR KEVIN GOVERN AVE MARIA INTERNATIONAL LAW JOURNAL 2010 - 2011 EDITORIAL BOARD CHERYL LEDOUX Editor-in-Chief STEPHANIE GREWE JENNA ROWAN Managing Editor Publication Manager KATHERINE BUDZ SARA SCHMELING Executive Articles Editor Executive Articles Editor SENIOR EDITORS DOUG LAING LISA UTTER ASSOCIATE EDITORS MELINDA ALICO CHANILLE GRIGSBY AMY PENFOLD MAJEL BRADEN JESSICA HOYT MATEUSZ SZYMANSKI EVA-MARIE CHITTY ELISE KENNY GENEVIEVE TURNER FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE ARTICLE SUBMISSIONS The Ave Maria International Law Journal is constantly seeking timely and thought- provoking articles that engage the international legal community on a wide range of topics. -
Annual Report 2013 Prov
European Court of Human Rights Annual Report 2013 Provisional Version Registry of the European Court of Human Rights Strasbourg, 2014 All or part of this document may be freely reproduced with acknowledgment of the source “Annual Report 2013 of the European Court of Human Rights, Council of Europe”. Photographs: Council of Europe Cover: the Human Rights Building (Architects: Richard Rogers Partnership and Atelier Claude Bucher) – Photograph: Michel Christen, Council of Europe CONTENTS Foreword 5 I. The Court in 2013 7 II. Composition of the Court 15 III. Composition of the Sections 19 IV. Speech given by Mr Dean Spielmann, President of the European Court of Human Rights, on the occasion of the opening of the judicial year, 25 January 2013 23 V. Speech given by Ms Christiane Taubira, Garde des Sceaux, French Minister of Justice, on the occasion of the opening of the judicial year, 25 January 2013 31 VI. Speech given by Mr Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia, President of the Mechanism for International Criminal Tribunals, on the occasion of the opening of the judicial year, 25 January 2013 39 VII. President’s Diary 49 VIII. Activities of the Grand Chamber, Sections and single- judge formations 59 IX. Case-law information, training and outreach 63 X. Summary of the main judgments and decisions delivered by the Court in 2013 77 XI. Cases reported in the Court’s Case-law Information Notes in 2013 147 XII. Statistical information 191 Events in total (2012-2013) 193 Pending cases allocated -
Case of Jussila V. Finland
CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS Case of Jussila v. Finland (Application no. 73053/01) Judgment Strasbourg, 23 November 2006 CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT O F HUMAN RIGHTS CASE OF JUSSILA v. FINLAND (Application no. 73053/01) JUDGMENT STRASBOURG 23 November 2006 2 JUSSILA v. FINLAND JUDGMENT In the case of Jussila v. Finland, The European Court of Human Rights, sitting as a Grand Chamber composed of: Jean-Paul Costa, President, Nicolas Bratza, Boštjan M. Zupančič, Peer Lorenzen, Lucius Caflisch, Loukis Loucaides, Ireneu Cabral Barreto, Volodymyr Butkevych, Josep Casadevall, Matti Pellonpää, Kristaq Traja, Mindia Ugrekhelidze, Antonella Mularoni, Elisabet Fura-Sandström, Ljiljana Mijović, Dean Spielmann, Ján Šikuta, judges, and Erik Fribergh, Registrar, Having deliberated in private on 5 July and 25 October 2006, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case originated in an application (no. 73053/01) against the Republic of Finland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Finnish national, Mr Esa Jussila (“the applicant”), on 21 June 2001. 2. The applicant, who had been granted legal aid, was represented by Mr P. Lappalainen, a lawyer practising in Nokia. The Finnish Government (“the Government”) were represented by their Agent, Mr A. Kosonen of the Ministry for Foreign Affairs. 3. The applicant alleged that he had not received a fair hearing in the proceedings in which a tax surcharge was imposed as he had not been given an oral hearing. -
Annual Report 2012 of the European Court of Human Rights, Council of Europe”
European Court of Human Rights Annual Report 2012 Provisional Version Registry of the European Court of Human Rights Strasbourg, 2013 All or part of this document may be freely reproduced with acknowledgment of the source “Annual Report 2012 of the European Court of Human Rights, Council of Europe”. Photographs: Council of Europe Cover: the Human Rights Building (Architects: Richard Rogers Partnership and Atelier Claude Bucher) – Photograph: Michel Christen, Council of Europe – Graphic design: Publications Unit of the Registry of the Court CONTENTS Foreword 5 I. The Court in 2012 9 II. Composition of the Court 17 III. Composition of the Sections 21 IV. Speech given by Sir Nicolas Bratza, President of the European Court of Human Rights, on the occasion of the opening of the judicial year, 27 January 2012 29 V. Speech given by Mr Thomas Hammarberg, Council of Europe Commissioner for Human Rights, on the occasion of the opening of the judicial year, 27 January 2012 39 VI. Visits 51 VII. Activities of the Grand Chamber, Sections and single- judge formations 57 VIII. Publication of information on the Court and its case-law 61 IX. Short survey of the main judgments and decisions delivered by the Court in 2012 71 X. Cases reported in the Court’s Case-law Information Notes in 2012 103 XI. Statistical information 147 Pending cases allocated to a judicial formation at 31 December 2012 (respondent States) 149 Pending cases allocated to a judicial formation at 31 December 2012 (main respondent States) 150 Court’s workload by state of proceedings and application type at 31 December 2012 151 Violations by Article and by respondent State (2012) 152 Violations by Article and by respondent State (2012) (continued) 153 Applications allocated to a judicial formation (1999-2012) 154 Judgments (1999-2012) 155 European Court of Human Rights – Annual Report 2012 Allocated applications by State and by population (2009-2012) 156 4 FOREWORD The year 2012 almost exactly corresponded to the term of office of my predecessor Sir Nicolas Bratza. -
Cambridge Journal of International and Comparative Law
Cambridge Journal of International and Comparative Law Publication TheCambridge Journal of International and Comparative Law (CJICL) is an open-access publication available online at <http://cilj.co.uk>. Each volume consists of two or more general issues and occasional symposiums on a particular area of law. Editorial policy All submissions are subject to a double-blind peer-review editorial process by our Academic Review Board and/or our Editorial Board. Submissions The Journal accepts the following types of manuscript: (i) Long Articles between 6,000 and 12,000 words but not exceeding 12,000 words including footnotes; (ii) Short Articles not exceeding 5,000 words including footnotes; (iii) Case Notes not exceeding 3,000 words including footnotes; and (iv) Book Reviews not exceeding 2,500 words including footnotes. Please visit our website for submission details. Copyright and open-access policy The CJICL is an open-access publication governed by our publishing and licensing agreement. Any commercial use and any form of republication of material not covered by the applicable license is subject to the express permission of the Editors-in-Chief. Contact information Cambridge Journal of International and Comparative Law Faculty of Law, 10 West Road Cambridge, CB3 9DZ United Kingdom E-mail: [email protected] Web: http://cilj.co.uk Typeset in InDesign. ISSN 2050–1706 (Print) ISSN 2050–1714 (Online) © 2016 Cambridge Journal of International and Comparative Law and Contributors This issue should be cited as (2016) 5(3) CJICL. http://cilj.co.uk -
The International Court of Justice and the 'Principle Of
CHAPTER 25 THE INTERNATIONAL COURT OF JUSTICE AND THE ‘PRINCIPLE OF NON-USE OF FORCE’ CLAUS KREß I. Introduction The international law on the use of force underwent signifcant developments in the inter-war period, most signifcantly through the renunciation of war as an instrument of national policy, as enshrined in Article I of the 1928 Kellogg–Briand Pact.1 Yet, the law preceding the United Nations Charter2 remained fraught with uncertainties due, perhaps most importantly, to the notoriously ambiguous concept of war and the possible scope for certain lawful forcible measures short of war.3 Te 1 General Treaty for Renunciation of War as an Instrument of National Policy of 27 Aug 1928, LNTS XCIV (1929), 58. 2 Charter of the United Nations and Statute of the International Court of Justice, 26 June 1945. 3 For one important exposition of the complexities of the pre-Charter law on the use of force, see Ian Brownlie, International Law and the Use of Force by States (Oxford: Oxford University Press, 1963), 19–111, 214–50; Sir Humphrey Waldock, ‘Te Regulation of the Use of Force by Individual States in International Law’ (1952-II) 81 Receuil des cours de l’Académie de droit international 455. Weller180414OUK.indb 561 12/18/2014 7:26:34 PM 562 CLAUS KREß Permanent Court of International Justice (PCIJ) had not developed a case law on those matters4 and only limited light was shed on them by the International Military Tribunals immediately afer the Second World War.5 Since 1945, the International Court of Justice (ICJ) has been called upon to interpret the UN Charter provisions on the use of force in international relations against this international law back- ground full of obscurities. -
Brierly's Law of Nations
BRIERLY’S LAW OF NATIONS This page intentionally left blank BRIERLY’S LAW OF NATIONS An Introduction to the Role of International Law in International Relations SEVENTH EDITION A NDREW C LAPHAM 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Andrew Clapham 2012 Th e moral rights of the author have been asserted First Edition published in 2012 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Data available ISBN 978–0–19–965793–3 978–0–19–965794–0 (pbk) Printed in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. -
The Status of the Universal Declaration of Human Rights in National and International Law
THE STATUS OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS IN NATIONAL AND INTERNATIONAL LAW Hurst Hannum* CONTENTS Page I. INTRODUCTION .................................... 289 I. THE UNIVERSAL DECLARATION IN NATIONAL LAW .......... 292 A. Reference to the Universal Declaration in National Courts .................................. 292 1. The Universal DeclarationAs a Rule of Deci- sion ............................. 296 2. The Universal DeclarationAs an Aid to Consti- tutional or Statutory Interpretation ........ 298 3. Judicial Rejection of the Universal Declaration As Relevant to Interpretationsof Domestic Law ............................. 311 B. Influence of the Universal Declaration on Legislative and Administrative Acts ..................... 312 IlI. STATUS OF THE UNIVERSAL DECLARATION IN CUSTOMARY INTERNATIONAL LAW .......... 317 A. Views of the InternationalCourt of Justice ........... 335 B. The Content of Customary Law Evidenced in the Decla- ration .................................. 340 * Associate Professor of International Law, The Fletcher School of Law and Diplomacy, Tufts University. This article is based on a report prepared by the author as Rapporteur of the Committee on the Enforcement of International Human Rights Law of the International Law Association. The author would like to thank Richard B. Lillich, Chairman of the Committee; current or former Committee members Andrew Byrnes, Subrata Roy Chowdhury, Emmanuel Decaux, John Dugard, Kshama Femando, Jan Helgesen, Matthias Herdegen, Christof H. Heyns, John P. Humphrey, Menno T. Kamminga, Vladimir A. Kartashkin, Mathias-Charles Krafft, Anthony P. Lester, Dennis Mahoney, Momir Milojevic, Matti PellonpM, Rodney N. Purvis, Voitto Saario, Dhruba B. S. Thapa, Antonio A. Cangado Trindade, Raul Vinuesa, and Mandigui V. Yokabdjim; and Research Assistants Jennifer Gergen, Laura Gil, Kingsley Moghalu, and Jean-Louis Robadey for their comments and assistance in gathering often difficult-to-find information.