Jurysdykcja i odpowiedzialność państw (nowe elementy w orzecznictwie Europejskiego Trybunału Praw Człowieka)
Jurisdiction and responsibility: on recent trends in the case-law of the European court of human rights

Summary/Abstract: The European Convention, like most other international law instruments has primarily territorial scope of application: every violation of human rights which has taken place within the territory of a Member-State, triggers responsibility of that State. More problems arise upon the so-called extraterritorial jurisdiction where a Member-State’s responsibility results from acts taken outside its national territory. The newest case-law of the Strasbourg Court addressed the question in respect to the intervention in Iraq and, in principle, confirmed the ECtHR’s jurisdiction on that field. A related problem is that of attributability where state’s action is taken in implementation of decisions taken on supranational or global level. In several recent cases, the ECtHR decided on measures adopted by the United Nations Security Council and recently confirmed its jurisdiction also on that field.

• Details
• Contents