RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?!
The Russian Federation and the ECtHR have never had a very „friendly” relationship; on the contrary, in some periods the relationship between them has even been tense. By joining the Council of Europe in 1996, the Russian Federation also accepted the compulsory jurisdiction of the ECtHR after ratif...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_003.pdf |
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| _version_ | 1841564458386718720 |
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| author | Corneliu BÎRSAN Laura-Cristiana SPĂTARU-NEGURĂ |
| author_facet | Corneliu BÎRSAN Laura-Cristiana SPĂTARU-NEGURĂ |
| author_sort | Corneliu BÎRSAN |
| collection | DOAJ |
| description | The Russian Federation and the ECtHR have never had a very „friendly” relationship; on the contrary, in some periods the relationship between them has even been tense.
By joining the Council of Europe in 1996, the Russian Federation also accepted the compulsory jurisdiction of the ECtHR after ratifying the Convention in 1998. After a tumultuous relationship of more than 20 years characterised by non-compliance and rhetorical attacks, in the context of the „military operation on Ukraine” which began in February 2022, the Russian Federation notified the Secretary General on 15.03.2022 of its withdrawal from the Council of Europe and its intention to denounce the ECtHR.
Moreover, as of 16.03.2022, the Russian Federation was excluded from the Council of Europe as a result of its aggression against a member state of the organisation - Ukraine, for which reason the Russian state ceased to be a High Contracting Party to the ECHR as of 16.09.2022.
This study will attempt to analyse the legal consequences of this exclusion. After all, who „loses” and who „gains” from this exclusion? |
| format | Article |
| id | doaj-art-58561db7122a40be9c3870f4afe9cd6e |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2023-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-58561db7122a40be9c3870f4afe9cd6e2025-01-02T22:39:10ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-01161224230RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?!Corneliu BÎRSAN0Laura-Cristiana SPĂTARU-NEGURĂ1Professor PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest; Attorney at Law, Bucharest Bar Association, former judge at the ECtHR (e-mail: corneliu.birsan@hotmail.com).Lecturer PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest; Attorney at Law, Bucharest Bar Association (e-mail: negura_laura@yahoo.com).The Russian Federation and the ECtHR have never had a very „friendly” relationship; on the contrary, in some periods the relationship between them has even been tense. By joining the Council of Europe in 1996, the Russian Federation also accepted the compulsory jurisdiction of the ECtHR after ratifying the Convention in 1998. After a tumultuous relationship of more than 20 years characterised by non-compliance and rhetorical attacks, in the context of the „military operation on Ukraine” which began in February 2022, the Russian Federation notified the Secretary General on 15.03.2022 of its withdrawal from the Council of Europe and its intention to denounce the ECtHR. Moreover, as of 16.03.2022, the Russian Federation was excluded from the Council of Europe as a result of its aggression against a member state of the organisation - Ukraine, for which reason the Russian state ceased to be a High Contracting Party to the ECHR as of 16.09.2022. This study will attempt to analyse the legal consequences of this exclusion. After all, who „loses” and who „gains” from this exclusion?http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_003.pdfexclusionechrecthrhuman rightsrussiaukraine |
| spellingShingle | Corneliu BÎRSAN Laura-Cristiana SPĂTARU-NEGURĂ RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?! Challenges of the Knowledge Society exclusion echr ecthr human rights russia ukraine |
| title | RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?! |
| title_full | RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?! |
| title_fullStr | RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?! |
| title_full_unstemmed | RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?! |
| title_short | RUSSIA'S EXCLUSION FROM THE REGIONAL HUMAN RIGHTS MECHANISM OR HOW HUMAN RIGHTS ARE ENDANGERED IN A SENSITIVE INTERNATIONAL CONTEXT?! |
| title_sort | russia s exclusion from the regional human rights mechanism or how human rights are endangered in a sensitive international context |
| topic | exclusion echr ecthr human rights russia ukraine |
| url | http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_003.pdf |
| work_keys_str_mv | AT corneliubirsan russiasexclusionfromtheregionalhumanrightsmechanismorhowhumanrightsareendangeredinasensitiveinternationalcontext AT lauracristianaspatarunegura russiasexclusionfromtheregionalhumanrightsmechanismorhowhumanrightsareendangeredinasensitiveinternationalcontext |