STATE RESPONSIBILITY AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Abstrakt

The ECHR is a part of international law. Hence, it cannot operate in clinical isolation from general international law.

On the contrary, principles and rules of general international law inform the interpretation, application, and enforcement of the Convention. This article aims to examine if and to what extent the application of the Convention by the ECtHR reflects the principles of State responsibility (as reflected in the ARSIWA).

The second aim of the paper is to verify whether the ECHR (in particular the decisions of the ECtHR) has contributed to the development of the law of State responsibility. The main area of rules of State responsibility relevant for the ECtHR concerns rules on attribution of conduct to a State.

Klíčová slova

• European Convention on Human Rights (ECHR)
• European Court of Human Rights (ECtHR)
• Articles on responsibility of States (ARSIWA)
• responsibility of international organizations
• attribution
• jurisdiction
• reparation
• satisfaction