Monday 8 March 2010

Article on Interim Measures

The most recent issue of the European Human Rights Law Review (No. 1, 2010) features an article on interim measures by Catharina Harby. It is entitled 'The Changing Nature of Interim Measures before the European Court of Human Rights'. This is the abstract:

This article addresses the changing role of interim measures at the European Court of Human Rights. These measures enable the Court to deal with urgent situations where there is an imminent risk of irreparable damage to the applicant which a favourable judgment could not undo. The author analyses the historic use of interim measures, identifying that their use was restricted to potential violations of ECHR arts 2 and 3. The article traces new developments in the use of interim measures through an analysis of the jurisprudence of the Court and the litigation undertaken. In doing this, the author finds that the Court has extended its application of interim measures and proceeds to discuss some of its most important recent decisions and the challenges that have arisen from them. From this analysis it becomes clear the Court's growing use of interim measures, and their increasing recognised legally binding status, is symbolic of the dynamic evolution of Strasbourg case law and the practical use of the Convention as a living instrument.
The article can be accessed through Westlaw.