Paper: Beyond Bosphorus: The European Court of Human Rights’ Case Law on the Responsibility of Member States of IOs Under the ECHR

Tobias Lock (Univ. College London) has posted <a class="textlink" onmouseover="self.status='Show abstract detail'; return
true” href=”http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1603937&#8243; target=”_top”>Beyond Bosphorus: The European Court of Human Rights’  Case Law on the Responsibility of Member States of International  Organisations Under the European Convention on Human Rights (Human  Rights Law Review, forthcoming). Here’s the abstract:

The paper examines and critically assesses the ECtHR’s case law applying and distinguishing the Bosphorus  decision. The discussion revolves around two major points: the first is  the ECtHR’s distinction between cases where there was a domestic act or  omission of some sort so that the Bosphorus case applies and member  states can (generally) be held responsible; and cases where no such act  can be found so that they are dismissed as inadmissible ratione  personae. It is argued that this distinction is not convincing. The  second point is the application of the Bosphorus decision in a number of cases. The paper tries to explore whether the exact conditions for the  applicability of the presumption and its rebuttal have become any  clearer.

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