Residual Responsibility Under the European Convention on Human Rights for Territories Not Currently Under Government Control

1 (1) European and Comparative Law Journal (2016), pp. 69-75

Posted: 27 Dec 2019

See all articles by Stefan Kirchner

Stefan Kirchner

University of Lapland, Arctic Centre

Date Written: 2016

Abstract

Like the Russo-Georgia or the occupation of parts of Cyprus by Turkey, the conflict in Ukraine showcases a situation in which a national government has lost control over part of its territory. In such a situation, when the rights of local residents in the affected areas are already at risk, the question arises in how far the national government remains responsible for the protection of human rights in the affected region. Looking at the problem from the perspective of the European Convention on Human Rights, this article sees to answer the question in general terms while keeping in mind current developments.

Keywords: European Convention on Human Rights, territorial scope, Ukraine, Russia

JEL Classification: K33

Suggested Citation

Kirchner, Stefan, Residual Responsibility Under the European Convention on Human Rights for Territories Not Currently Under Government Control (2016). 1 (1) European and Comparative Law Journal (2016), pp. 69-75, Available at SSRN: https://ssrn.com/abstract=3499510

Stefan Kirchner (Contact Author)

University of Lapland, Arctic Centre ( email )

P.O. Box 122
Rovaniemi, Lapland 96101
Finland
+358404844001 (Phone)

HOME PAGE: http://www.ulapland.fi

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