Laura Magi

Conflicting Obligations Arising from the ECHR and the UN Charter: Some Reflections on the ECtHR Case-law

  • Abstract

Informations and abstract

Keywords: Conflicting Obligations; Article 103; Al-Dulimi and Montana Management; UN Charter; European Court of Human Rights; ECHR

In the pending case "Al-Dulimi and Montana Management v. Switzerland" the Grand Chamber of the European Court of Human rights has the chance to take a final and clear stand on the issue of the relationship between conflicting obligations stemming from the ECHR and the UN Charter / Security Council resolutions. After an appraisal of the earlier case-law of the Court on the matter, this article take into account possible solutions the Grand Chamber might adopt in order to make critical considerations on some of them and suggest the option the Author considers desirable.

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