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The European Convention on Human Rights and Issues of State Responsibilty

Publication at Faculty of Law |
2021

Abstract

The 70 th anniversary of the European Convention on Human Rights (ECHR, 1950) is a unique occasion to look closer at the ECHR's contribution to the development of general international law. It is largely accepted that the ECHR distinguishes among other international legal instruments on at least two grounds.

First, the ECIIR is a human rights treaty providing obligations erga omnespartes for states and direct rights for individuals. Second, the Convention established the European Court of Human Rights (ECtHR), a judicial body with compulsory jurisdiction that ensures the uniform interpretation and enforcement of obligations under the ECHR.

Notwithstanding its specific features, the ECHR is a part of international law. Hence, i: 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. In this context, the law of state responsibility can play an indispensable role.