Wednesday 3 March 2010

New Academic ECHR Articles

Three new ECHR-related articles have been published in the past few months, two in English and one in German:

* L. Wildhaber, 'Ein Überdenken des Zustands und der Zukunft des EGMR',
Europäische Grundrechte Zeitschrift vol. 36 (2009), pp. 541-553, on the current predicament and future of the European Court.

* M. Oetheimer, 'Protecting Freedom of Expression: the Challenge of Hate Speech in the European Court of Human Rights Case Law', Cardozo Journal of International and Comparative Law vol. 17, No. 3 (2009) pp. 427-444.

And in the newest issue of the SIM-based Netherlands Quarterly of Human Rights:

* Philip Leach, Costas Paraskeva & Gordana Uzelac, 'Human Rights Fact-Finding. The European Court of Human Rights at a Crossroads', NQHR vol. 28, No. 1 (2010) pp. 41-77. This is the abstract:

This article seeks to examine the effectiveness of the fact-finding activities undertaken by the European Court of Human Rights (and the former Commission). It argues that while some fact-finding missions have revealed certain weaknesses in the past, the very conduct of such missions remains indispensable – in the interests both of litigants and the credibility of the Strasbourg system itself. Therefore, some greater thought needs to be given to practical ways and means to fully tap the Court’s fact-finding potential.