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Ole W Pedersen

Rights, stands out. 1 First, having been adopted in 1950, the Convention itself has nothing to say about the environment or environmental rights as they have come to be understood. Unlike human rights instruments found in other regions, the European Convention has not been amended or altered to expressly include environmental provisions. Second, this silence has not, however, prevented the European Court of Human Rights, charged with interpreting the Convention, from developing a substantial body of case law that intricately engages with the concept of environmental

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Edited by Spyridon Flogaitis, Tom Zwart and Julie Fraser

The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court’s successes and challenges.
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Christophe Geiger and Elena Izyumenko

JOBNAME: Geiger PAGE: 3 SESS: 4 OUTPUT: Fri Sep 28 09:49:30 2018 1. Intellectual property before the European Court of Human Rights Christophe Geiger and Elena Izyumenko* INTRODUCTION In the past years, the impact of human rights (HRs) on intellectual property (IP) law has increased significantly, both in Europe and elsewhere, leading to what has sometimes been called the ‘constitutionalization’ of the entire legal system.1 In the European Union, important developments such as the entering into force of the Treaty of Lisbon2 placed human rights and fundamental

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Ole W Pedersen

Contents VI.41.1 Introduction VI.41.2 The ECtHR and the environment VI.41.3 Environmental principles and the ECtHR VI.41.4 Conclusion VI.41.1 Introduction This chapter examines the way in which the European Court of Human Rights (ECtHR) has engaged with so-called environmental principles in its environmental case law. It argues that, so far, environmental principles have played a minor role in this case law. There are, however, two notable exceptions to this. First, when it comes to the principle of public participation the Court has

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Aurora Plomer

JOBNAME: Geiger PAGE: 1 SESS: 6 OUTPUT: Fri Sep 28 09:49:30 2018 2. The European Court of Human Rights: an unlikely forum for the enforcement of IP rights Aurora Plomer 1. INTRODUCTION Intellectual property rights are of little value to their holders in the absence of legal mechanisms to secure protection and obtain redress when these rights are infringed. Enforcement of IP has largely been a ‘neglected child in the IP family’.1 Prior to the adoption of the TradeRelated Aspects of Intellectual Property Rights (TRIPS) agreement there was no general obligation in

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Ciara Smyth

10.  The jurisprudence of the European Court of Human Rights relevant to child migrants Ciara Smyth INTRODUCTION This chapter explores the jurisprudence of the European Court of Human Rights (ECtHR) as it relates to child migrants. At first glance, the European Convention on Human Rights (ECHR) may not appear to be a particularly useful source of human rights protection for child migrants since it has no provision directed specifically to children and only one provision – Protocol 4, Article 4 on the collective expulsion of aliens – directed specifically to

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Agustín Ruiz Robledo

‘J'aurais bien des réflexions à faire sur le simple droit de voter dans tout acte de souveraineté, droit que rien ne peut ôter aux citoyens.’ Jean-Jacques Rousseau, Du Contrat Social (1762) 1 INTRODUCTION As Rousseau observed, citizens would lose their right to vote if the elections in which that right was exercised were not genuinely free, but manipulated by power. In the words of the European Court of Human Rights (ECtHR): the right to free elections, guaranteed by Article 3 of Protocol No 1, is ‘crucial to establishing and maintaining the foundations of an

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Leonie M Huijbers

1 INTRODUCTION The European Court of Human Rights (‘the Strasbourg Court’ or ‘the Court’) is one of the most important international institutions ensuring fundamental rights protection in Europe. As well as an essential institution for ensuring individual justice for applicants throughout Europe, it is an influential agent for facilitating legislative changes at the national level to the benefit of fundamental rights protection. 1 Besides the changes the Strasbourg Court facilitates as an ‘agent of transformation’, it is itself an ‘object of transformation’. 2

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Lieneke Slingenberg

JOBNAME: Pennings PAGE: 1 SESS: 5 OUTPUT: Mon Sep 28 15:21:19 2015 3. Social security in the case law of the European Court of Human Rights Lieneke Slingenberg* I. INTRODUCTION In a handbook on European social security law, a chapter on the case law of the European Court of Human Rights (ECtHR or the Court) cannot be absent. Even though the European Convention on Human Rights (ECHR or the Convention) is primarily concerned with civil and political rights, the European Court of Human Rights increasingly provides protection in the field of social security.1

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Alice Margaria

4.  G oing beyond judgments: exploring the jurisprudence of the European Court of Human Rights* 1 Alice Margaria 4.1 INTRODUCTION This chapter aims to illustrate how the combination of doctrinal and non-doctrinal methods of research can produce a (more) realistic and in-depth understanding of the approach adopted by the European Court of Human Rights (herein ‘the Court’) in a specific field. Drawing from ethnographic perspectives, this chapter outlines a methodology that, in addition to doctrinal analysis of case-law, aims to reconstruct carefully selected