Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - The human rights of individuals in de facto regimes under the European Convention on Human Rights
AU - Wheatley, Steven
AU - Cullen, Anthony
PY - 2013
Y1 - 2013
N2 - The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria, and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognizing ‘de facto regimes’ as subjects of international law, before examining the relevant case-law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the idea of the acquired human rights doctrine to recognize, in certain circumstances, that the ECHR can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society.
AB - The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria, and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognizing ‘de facto regimes’ as subjects of international law, before examining the relevant case-law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the idea of the acquired human rights doctrine to recognize, in certain circumstances, that the ECHR can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society.
U2 - 10.1093/hrlr/ngt033
DO - 10.1093/hrlr/ngt033
M3 - Journal article
VL - 13
JO - Human Rights Law Review
JF - Human Rights Law Review
SN - 1461-7781
IS - 4
ER -