Monday 18 May 2015

New ECHR Publications

Please find below a new update of recent ECHR-related articles and other writings:

* Stephan Hollenberg, 'The Diverging Approaches of the European Court of Human Rights in the Cases of Nada and Al-Dulimi', International and Comparative Law Quarterly, vol. 64, no. 2 (2015).  

* Paul Johnson, '“The Choice of Wording must be Regarded as Deliberate”: Same-sex Marriage and Article 12 of the European Convention on Human Rights', European Law Reviewvol. 40 (2015) pp. 207-214.

* Hana Müllerová, 'Environment Playing Short-handed: Margin of Appreciation in Environmental Jurisprudence of the European Court of Human Rights', Review of European, Comparative & International Environmental Law, vol. 24, no. 1 (2015).

Tuesday 5 May 2015

New Book on ECHR and European Consensus

Kanstantsin Dzehtsiarou (University of Surrey), who has guest posted on this blog before, has just published a new book on one of the areas in which he is a specialist, the notion of European consensus in the case-law of the Court. The book, entitled 'European Consensus and the Legitimacy of the European Court of Human Rights'was published with Cambridge University Press. It does not just build on jurisprudence, but includes findings from a large numbers of interviews with the ECHR judges themselves. This is the abstract:


In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.