Andrea Spagnolo

Attribution of Conduct and Jurisdiction in Cases of Widespread Fundamental Rights Violations: On Some Recent Judgments of the European Court of Human Rights

  • Abstract

Informations and abstract

Keywords: Attribution; Jurisdiction; Nagorno-Karabakh; Armenia; Azerbaijan; Control

In "Chiragov v. Armenia" the European Court of Human Rights is again confronted with widespread fundamental rights violations, namely those caused by the conflict in the "Nagorno- Karabakh" region between Azerbaijan and Armenia. The main issue to be dealt with by the Court is the extension of Armenia's jurisdiction in the Azerbaijan's territory through the control exercised over the self-proclaimed "Nagorno-Karabakh Republic" (NKR). It is interesting to note that the Court completely ignores the issue of attribution of the act of NKR to Armenia, limiting herself to investigate the ex-tension of jurisdiction. This is probably due to the lack of conclusive evidence and the need to make recourse to various presumptions. More generally, it can be said that the "Chiragov" judgment is witnessing a new trend in the jurisprudence of the European Court of Human Rights, in which priority is given to the need to avoid a judicial vacuum in cases of widespread fundamental rights violations.

Trova nel catalogo di Worldcat

Article first page

Article first page