Al-Skeini and Al-Jedda in Strasbourg

Bibliography File Note.

Type
Journal Article

Author
Marko Milanovic

URL
http://ift.tt/220MxoS

Volume
23

Issue
1

Pages
121-139

Publication
European Journal of International Law

ISSN
0938-5428, 1464-3596

Date
02/01/2012

Journal Abbr
Eur J Int Law

DOI
10.1093/ejil/chr102

Accessed
2016-04-03 04:38:47

Library Catalog
ejil.oxfordjournals.org.ezproxy.lib.monash.edu.au

Language
en

Abstract
The article analyses the European Court of Human Rights’ recent judgments in Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom. The former is set to become the leading Strasbourg authority on the extraterritorial application of the ECHR; the latter presents significant developments with regard to issues such as the dual attribution of conduct to states and to international organizations, norm conflict, the relationship between the ECHR and general international law, and the ability or inability of UN Security Council decisions to displace human rights treaties by virtue of Article 103 of the UN Charter. The article critically examines the reasoning behind the two judgments, as well as their broad policy implications regarding ECHR member state action abroad and their implementation of various Security Council measures.

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