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Journal articles on the topic 'The Malabo Court Protocol'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

de Wet, Erika. "Introductory Remarks by Erika de Wet." Proceedings of the ASIL Annual Meeting 111 (2017): 107–8. http://dx.doi.org/10.1017/amp.2017.85.

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In June 2014, the African Union adopted a treaty (referred to as the Malabo Protocol) that would establish the first regional court with jurisdiction over human rights, general matters, and criminal matters. Its substantive jurisdiction included international and transnational crimes, as well as corporate criminal liability. This development sparked a debate as to whether other regions (notably Latin America) should also adopt a regional criminal court to prosecute transnational organized crime in Latin America. Moreover, the adoption of the Malabo Protocol raised questions concerning the rela

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Abe, Oyeniyi, and Ada Ordor. "Addressing Human Rights Concerns in the Extractive Resource Industry in Sub-Saharan Africa using the Lens of Article 46 (C) of the Malabo Protocol." Law and Development Review 11, no. 2 (2018): 843–78. http://dx.doi.org/10.1515/ldr-2018-0039.

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Abstract In June 2014, the African Union, Heads of States and Government adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (known in short as the Malabo Protocol). If ratified, the Protocol would expand the jurisdiction of the proposed African Court of Justice and Human Rights to adjudicate matters of corporate criminal liability in Africa. This paper analyses the prospects of advancing corporate respect for human rights and access to judicial remedies by victims of corporate human rights abuse through the lens of Article 46 (C)

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Michalakea, Taygeti. "Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours." International Human Rights Law Review 7, no. 2 (2018): 225–48. http://dx.doi.org/10.1163/22131035-00702003.

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This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corpora

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Onyeabo, Ebele Angela. "Resource curse and impunity gaps: National inadequacies, international responses and regional promises / Malédiction des ressources et impunité: Insuffisances nationales, réponses internationales et promesses régionales." Journal of the African Union Commission on International Law 2021 (2021): 269–307. http://dx.doi.org/10.47348/aucil/2021/a8.

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Kleptocracy has been a constant feature in Africa. The fallout of this relentless pursuit for state funds continues to threaten not only the economy, but also the security and stability of the region. Limited domestic judicial accountability for ‘grand corruption’ has exacerbated this problem, rendering both United Nations (UN) and African Union (AU) anti-corruption conventions ineffective. As a possible solution, the AU has adopted the Malabo Protocol, which creates a criminal chamber or a Regional Criminal Court (RCC) within the newly formed African Court of Justice and Human Rights (ACJHR),

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Werle, Gerhard, and Moritz Vormbaum. "African States, the African Union, and the International Criminal Court : A Continuing Story." Volume 60 · 2017 60, no. 1 (2018): 17–42. http://dx.doi.org/10.3790/gyil.60.1.17.

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This article analyses the strained relationship between African States, the African Union, and the International Criminal Court. It starts by scrutinising the allegations of ‘anti-Africa bias’ that the African Union and some African States have voiced towards the International Criminal Court. Then it looks at the threat of a pull-out of certain African States parties from the ICC Statute after Burundi, South Africa, and The Gambia declared in October 2016 that they were planning to withdraw from the Court. Finally, it analyses the Malabo Protocol, an initiative by the African Union which aims

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Omorogbe, Eki Yemisi. "The Crisis of International Criminal Law in Africa: A Regional Regime in Response?" Netherlands International Law Review 66, no. 2 (2019): 287–311. http://dx.doi.org/10.1007/s40802-019-00143-5.

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Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protoc

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Bukuru, Jean-Batiste, and Aleksandr Solntsev. "The Issues of Legitimacy of the International Criminal Court in Its Relations with African Countries in the Sphere of Counteracting International Crimes." Russian Journal of Criminology 13, no. 2 (2019): 332–39. http://dx.doi.org/10.17150/2500-4255.2019.13(2).332-339.

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The authors study the legitimacy of the establishment and work of the International Criminal Court (ICC) from the perspective of African countries. They point out that African countries initially supported the idea of creating the ICC and actively participated in its establishment and development. However, after the Court initiated investigations regarding the current President of Sudan Omar Al-Bashir and other African leaders (current President of Kenia Uhuru Muigai Kenyatta, its Vice-President William Samoei Ruto, former Head of the Great Libyan Arab Jamahiriya Muammar Gaddafi, the ex-Presid

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Choi, Tae Hyun. "Adoption of the ‘Malabo Protocol’ to Create the African Criminal Court and Its Major Issues — With Special Reference to the Immunity of the Heads of State —." Institute for Legal Studies 37, no. 2 (2020): 79–118. http://dx.doi.org/10.18018/hylr.2020.37.2.079.

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Fahmy, Walid. "From the Establishment of the Court of Justice of the African Union to Malabo Protocol: The Defies to the Regional Judicial Mode of Protection of Human Rights." Russian Law Journal 7, no. 2 (2019): 165–93. http://dx.doi.org/10.17589/2309-8678-2019-7-2-165-193.

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The judicial method of dispute resolution has aroused in Africa countless turnarounds of positions, from rejection to acceptance, from construction to destruction, to allow its transformation. It seems to have recently stabilized in the figure of the African Court of Justice and Human Rights, merging the two existing regional judicial bodies. It is already known to us that the two Tribunals have two main pre-defined functions, one that deals with the resolution of conflicts between States of the continent and the other on the protection of human rights, which are quite different roles. So, in

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Sirleaf, Matiangai. "The African Justice Cascade and the Malabo Protocol." International Journal of Transitional Justice 11, no. 1 (2017): 71–91. http://dx.doi.org/10.1093/ijtj/ijx002.

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Ssenyonjo, Manisuli, and Saidat Nakitto. "The African Court of Justice and Human and Peoples’ Rights ‘International Criminal Law Section’: Promoting Impunity for African Union Heads of State and Senior State Officials?" International Criminal Law Review 16, no. 1 (2016): 71–102. http://dx.doi.org/10.1163/15718123-01601003.

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On 27 June 2014 the African Union (au) Assembly adopted a protocol entitled ‘Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights’. This Protocol contains an annex entitled ‘Statute of the African Court of Justice and Human and Peoples’ Rights’. The Protocol and the Statute annexed to it provide for the establishment of a regional court in Africa to be known as the ‘African Court of Justice and Human and Peoples’ Rights’ (African Court). This Court will, among others, exercise criminal jurisdiction over a wide range of international crimes invo

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Guizzardi Righetti, Giampaolo. "Finding Hope for International Corporate Liability in a Post-Kiobel and Jesner World: from the Malabo Protocol to the ICSID Jurisprudence." Humanitäres Völkerrecht 3, no. 1 (2020): 53. http://dx.doi.org/10.35998/huv-2020-0004.

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Barnes, Kelly A., Melissa L. Anderson, and Lindsay B. Baker. "Reliability Of An On-court Basketball-specific Protocol." Medicine & Science in Sports & Exercise 49, no. 5S (2017): 748. http://dx.doi.org/10.1249/01.mss.0000518988.86594.6f.

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Maulana, Fauzi, Adwani Adwani, and Ilyas Ilyas. "Position of Deed Made by a Retired Notary in Court Proceedings in Banda Aceh." International Journal of Multicultural and Multireligious Understanding 8, no. 7 (2021): 344. http://dx.doi.org/10.18415/ijmmu.v8i7.2897.

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Article 65 of Law No. 2 of 2014 concerning Notarial Department states "Notary, Substitute Notary and Notary Acting Officer are responsible for any deed made even though the Notary Protocol has been submitted or transferred to the notary protocol depository." In practice, it often occurs when the Protocol Deed is transferred to the Notary protocol holder of the party harmed by the existence of the deed to a lawsuit involving a retired notary public. This is as happened in the case in the Banda Aceh District Court. This relates to the summoning of witnesses who must obtain approval from the Nota

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Paprocka, Ada, and Michał Ziółkowski. "Advisory opinions under Protocol No. 16 to the European Convention on Human Rights." European Constitutional Law Review 11, no. 2 (2015): 274–92. http://dx.doi.org/10.1017/s1574019615000176.

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European Court of Human Rights – Protocol No. 16 to the European Convention on Human Rights – Protocol No. 16 as part of the European Court of Human Rights reform – Advisory opinions under Protocol No. 16 – Authority requesting an advisory opinion – The subject matter of an advisory opinion – Legal consequences of advisory opinions

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Ssenyonjo, Manisuli. "Direct Access to the African Court on Human and Peoples’ Rights by Individuals and Non Governmental Organisations: An Overview of the Emerging Jurisprudence of the African Court 2008-2012." International Human Rights Law Review 2, no. 1 (2013): 17–56. http://dx.doi.org/10.1163/22131035-00201002.

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Articles 5(3) and 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights require that an application before the African Court on Human and Peoples’ Rights (the Court) will not be ‘received’ unless two conditions are fulfilled. First, the application must be filed against a State which has ratified the Protocol. Second, an application can be received only against a State which made an optional declaration accepting the competence of the Court to receive cases from Non Governmental organisations (NGOs) with

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Budoo, Ashwanee. "Association Pour le Progrès et la Défense Des Droits Des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali (Afr. Ct. H.P.R.)." International Legal Materials 57, no. 6 (2018): 1097–130. http://dx.doi.org/10.1017/ilm.2018.51.

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On May 11, 2018, the African Court on Human and Peoples' Rights (African Court) delivered a judgment against Mali concerning its Persons and Family Code (Family Code). This case is groundbreaking because it is the first time that the African Court has found violations of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) and the African Charter on the Rights and Welfare of the Child (African Children's Charter).

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Pfeifer, Gail M. "New Jersey Superior Court Upholds Joint Protocol for APN/As." AJN, American Journal of Nursing 113, no. 4 (2013): 13. http://dx.doi.org/10.1097/01.naj.0000428725.31395.4d.

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Lemmens, Koen. "Protocol No 16 to the ECHR: Managing Backlog through Complex Judicial Dialogue?" European Constitutional Law Review 15, no. 4 (2019): 691–713. http://dx.doi.org/10.1017/s1574019619000373.

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European Court of Human Rights – Protocol No. 16 – Advisory Opinions – Managing backlog – Unpredictable effects – Complex judicial dialogue – Interplay with preliminary rulings of European Court of Justice and national constitutional courts – Bosphorus presumption – National courts in charge of judicial diplomacy – Increased burden for national courts

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Enabulele, A. O. "Reflections on the ECOWAS Community Court Protocol and the Constitutions of Member States." International Community Law Review 12, no. 1 (2010): 111–37. http://dx.doi.org/10.1163/187197410x12631788215918.

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AbstractOnly recently, the jurisdiction of the Court of Justice of the Economic Community of West African States, which was hitherto opened only to Community States, was expanded to allow direct human rights violation claims by individuals. Though the court has since started to function, its impact is yet to be felt ‐ citizens of recalcitrant Community States still live in wanton violation of their rights in most of the States, where national courts are weak and effective remedies for rights violations largely nonexistent. This is consequent upon the failure of Community States to align their

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Mohamed, Abdelsalam A. "Individual and NGO participation in human rights litigation before the African Court of Human and Peoples' Rights: lessons from the European and Inter-American Courts of Human Rights." Journal of African Law 43, no. 2 (1999): 201–13. http://dx.doi.org/10.1017/s0021855300011347.

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In terms of article 6(1) of the Protocol Establishing the African Court of Human and Peoples' Rights, the Court may entitle both relevant non-governmental organizations (NGOs) with observer status before the African Commission on Human and Peoples' Rights (the Commission), and individuals to institute directly before it, urgent cases or cases of serious, systematic or massive violations of human rights. In deciding the admissibility of cases brought under article 6(1), the Court may request the opinion of the Commission which must give its opinion as soon as possible. Additionally, article 25(

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Hoogers, H. G. "Ždanoka v. Latvia – European Court of Human Rights." European Constitutional Law Review 3, no. 2 (2007): 307–23. http://dx.doi.org/10.1017/s1574019607003070.

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On March 16, 2006, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its final judgment in the case of Tatjana Ždanoka against the Republic of Latvia. Although not the first decision under Article 3 of the first Protocol, the Ždanoka v. Latvia case was important, because it allowed the Court to come to a decision on an aspect of Article 3, first Protocol, which in earlier case law had not extensively been dealt with by the ECtHR: the right to be elected. Moreover, the case allowed the Court to make some statements of principle on another question with which numerous mem

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Mejía-Lemos, Diego. "Advisory Opinion OC-22/16." American Journal of International Law 111, no. 4 (2017): 1000–1006. http://dx.doi.org/10.1017/ajil.2017.91.

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On February 26, 2016, the Inter-American Court of Human Rights (Court) issued an advisory opinion requested by the Republic of Panama (Advisory Opinion). The request stemmed from “doubts among States” as to whether “legal persons, being legal fictions, are not as such entitled to rights” (Request) (para. 2). The Court unanimously held that legal persons are not entitled to rights under the American Convention on Human Rights (Convention) because Article 1.2 of the Convention establishes rights only in favor of natural persons. The Court, also unanimously, reiterated that indigenous and tribal

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Abe, Takuji. "Proskynēsis: From a Persian Court Protocol to a Greek Religious Practice." Tekmeria 14 (November 19, 2018): 1. http://dx.doi.org/10.12681/tekmeria.14682.

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Greek ambassadors who were granted an audience before the Persian King were required to observe a certain form of court ritual. Although the Persian proper name for this ritual has since been lost to us, the Greeks called this act of homage proskynēsis; a term normally understood to refer to the act of “falling down” and prostrating oneself before the king. At the same time, the Greeks employed a gesture also called proskynēsis, which was performed when addressing a divine entity. These two acts, while different in their functions, shared the same name on the basis that their outward appearanc

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Lyons, Scott W. "Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms and Advisory Opinion Concerning the Recognition in Domestic Law of a Legal Parent-child Relationship Between a Child Born Through a Gestational Surrogacy Arrangement Abroad and the Intended Mother (Eur. Ct. H.R.)." International Legal Materials 58, no. 6 (2019): 1234–50. http://dx.doi.org/10.1017/ilm.2019.52.

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On April 14, 2018, Protocol 16 to the European Convention for the Protection of Human Rights and Fundamental Freedoms received sufficient ratifications and entered into force on August 1, 2018. The Protocol, for the first time, enabled the European Court of Human Rights (ECtHR) to provide advisory opinions for the states that ratified the Protocol.

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Lippman, Matthew. "The Evolution and Scope of Command Responsibility." Leiden Journal of International Law 13, no. 1 (2000): 139–70. http://dx.doi.org/10.1017/s0922156500000108.

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The statute of the newly established international criminal court provides for command responsibility; the vicarious liability of civilian and military officials for the internationally proscribed conduct of their subordinates. The interpretation of this provision requires an understanding of the doctrine's complex and convoluted evolution. The Geneva Protocol of 1977 created a measure of uniformity. The Geneva Protocol, along with the Delalić decision of the trial chamber of the Criminal Tribunal for the Former Yugoslavia, likely will inform the interpretation of command responsibility under

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Tino, Elisa. "Liberty of Entering in International Agreements and Compliance of International Obligations." International Organizations Law Review 18, no. 1 (2021): 105–27. http://dx.doi.org/10.1163/15723747-18010001.

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Abstract In August 2019 South Africa withdrew its signature from the Protocol on sadc Tribunal signed in 2014 by 9 sadc Member States. This decision was adopted in compliance with the judgment of the South African High Court as confirmed by the Constitutional Court which ruled that the participation of the President in the decision to suspend the sadc Tribunal, as well as his signature of the 2014 Protocol were unconstitutional, unlawful and irrational. These rulings are particularly ground-breaking in light of the conclusions they reached and raised some interesting implications under interna

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African Yearbook of International L, Editor. "PROTOCOL ON AMENDMENTS TO THE PROTOCOL ON THE STATUTE OF THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS." African Yearbook of International Law Online / Annuaire Africain de droit international Online 20, no. 1 (2014): 431–78. http://dx.doi.org/10.1163/22116176-90000153.

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Athanassiou, Phoebus. "Orams V. Apostolides: A Case Study on the Application in English Law of the Brussels I Regulation in the Light of the Act of Accession 2003." Maastricht Journal of European and Comparative Law 14, no. 2 (2007): 119–46. http://dx.doi.org/10.1177/1023263x0701400202.

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This article uses a recent ruling of the High Court of Justice of England and Wales as the starting point for an enquiry into the interpretation of Protocol no. 10 to the Act of Accession 2003 and, more particularly, into its effects on requests for the recognition and enforcement of Cypriot court judgments formulated on the basis of the Brussels I Regulation. The High Court's ruling is of some significance, not only because Protocol no. 10 becomes, for the first time since its adoption, the subject matter of judicial interpretation but, also, because of its value as a test case on the Europea

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Cameron, I. "Protocol 11 to the European Convention on Human Rights: the European Court of Human Rights as a Constitutional Court?" Yearbook of European Law 15, no. 1 (1995): 219–60. http://dx.doi.org/10.1093/yel/15.1.219.

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Warnicke, Retha M. "Henry VIII's Greeting of Anne of Cleves and Early Modern Court Protocol." Albion 28, no. 4 (1996): 565–85. http://dx.doi.org/10.2307/4052029.

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The elaborate pageantry and festivities of grand public processions have proven to be of great interest to historians writing on late medieval and early modern Europe. The more limited ceremonies and protocol at court have attracted somewhat less attention, although on occasion they have been adopted as evidence of a monarch's personal feelings about his attendants and family members. A study of royal protocol and the social and political framework in which rulers fulfilled their roles as sovereigns is timely, for it will surely lead to a new and fuller understanding of how monarchs's public r

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Paparinskis, Martins. "Immunities and Criminal Jurisdiction (Equatorial Guinea v. France): Preliminary Objections (I.C.J.)." International Legal Materials 58, no. 1 (2019): 1–70. http://dx.doi.org/10.1017/ilm.2019.1.

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On June 6, 2018, the International Court of Justice (Court) rendered a judgment on preliminary objections in the case of Immunities and Criminal Proceedings (Equatorial Guinea v. France). France had made three preliminary objections: two related to the Court's jurisdiction on the basis of, respectively, United Nations Convention Against Transnational Organized Crime (Palermo Convention) and the Optional Protocol to the Vienna Convention on Diplomatic Protection (VCDR) concerning the Compulsory Settlement of Disputes (Optional Protocol), and the third challenged admissibility for abuse of proce

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Jasudowicz, Tadeusz. "Podstawowe trendy orzecznictwa Europejskiego Trybunału Praw Człowieka w sprawach podatkowych." Studia Prawa Publicznego, no. 3 (31) (October 15, 2020): 9–32. http://dx.doi.org/10.14746/spp.2020.3.31.1.

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The case-law of the European Court of Human Rights in tax matters has developed in three dimensions. Firstly, it involved Article 1 of the Protocol No. 1 to the Convention with reference to “the payment of taxes”, viewed, notwithstanding the State’s wide margin of appreciation, in the light of the principle of the peaceful enjoyment of one’s possessions. Secondly, from the perspective of Article 6 paragraph 1 of the Convention, tax disputes can be covered by the guarantees of a fair trial where the proceedings and sanctions, for example, concerning tax surcharges, are qualified in their autono

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Abebe, Zekarias Beshah. "The African Court with a Criminal Jurisdiction and the ICC: A Case for Overlapping Jurisdiction?" African Journal of International and Comparative Law 25, no. 3 (2017): 418–29. http://dx.doi.org/10.3366/ajicl.2017.0202.

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One of the issues that the current proliferation of international courts and jurisdictions raised in the international legal order is overlapping jurisdiction. On 27 June 2014, the Assembly of the African Union adopted a protocol on the Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights which extends the jurisdiction of the court to cover international crimes. The decision of the AU to clothe the African court with a criminal jurisdiction has brought, once again, the issue of overlapping jurisdiction to the surface. This article is an attempt to answer t

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Ajulo, Sunday Babalola. "SOURCES OF THE LAW OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS)." Journal of African Law 45, no. 1 (2001): 73–96. http://dx.doi.org/10.1017/s0221855301001614.

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Articles 6(e) and 15(1–4) of the ECOWAS Revised Treaty (1993) provide for the establishment of a Court of Justice of the Community. These provisions should, however, be read along with those of the Protocol on the Community Court of Justice initialled in 1991. Attempts have been made to analyse various aspects of the institutions of the Community, including the Court of Justice. While Bankole Thompson examined the legal problems of the economic integration in West Africa, Kofi Oteng Kufuor attempted to look at the Court of Justice from the angle of compliance with its judgments by member state

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Mujuzi, Jamil Ddamulira. "The African Court on Human and Peoples’ Rights and Its Protection of the Right to a Fair Trial." Law & Practice of International Courts and Tribunals 16, no. 2 (2017): 187–223. http://dx.doi.org/10.1163/15718034-12341347.

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Abstract Article 3(1) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights provides that: “[t]he jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the [African] Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.” Since its establishment, the African Court on Human and Peoples’ Rights has handed down judgments dealing, inter alia, with the right to a fair trial under Article 7 of

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Bardutzky, Samo. "The Strasbourg Court on the Dayton Constitution: Judgment in the case of Sejdić and Finci v. Bosnia and Herzegovina, 22 December 2009." European Constitutional Law Review 6, no. 2 (2010): 309–33. http://dx.doi.org/10.1017/s1574019610200081.

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On 22 December 2009, the Grand Chamber of the European Court of Human Rights (hereafter: the Court) issued a judgment on the applications filed by two citizens of Bosnia and Herzegovina, Mr Dervo Sejdić and Mr Jakob Finci. It found a violation of their rights under the Convention for the Protection of Human Rights and Fundamental Freedoms and under the Protocols to the Convention. Bosnia and Herzegovina had violated the applicants' rights under Article 14 of the Convention in conjunction with Article 3 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms an

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Klein, Thomas, and Katrin Treppschuh. "Effizienterer Menschenrechtsschutz durch Vorabbefassung des Europäischen Gerichtshofs für Menschenrechte?" Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft 102, no. 3 (2019): 253–74. http://dx.doi.org/10.5771/2193-7869-2019-3-253.

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Protocol No. 16 to the European Convention on Human Rights (ECHR), which came into force in August 2018, enables the member States to request the European Court of Human Rights to give advisory opinions on questions of principle relating to the interpretation and application of the rights and freedoms defined in the Convention and the Protocols thereto. The German Government does not consider it necessary to sign and ratify Protocol No. 16 at the moment referring to the well-developed constitutional protection of Human rights in Germany. This article critically assesses this view and argues th

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Enabulele, Amos O. "Sailing Against the Tide: Exhaustion of Domestic Remedies and the ECOWAS Community Court of Justice." Journal of African Law 56, no. 2 (2012): 268–95. http://dx.doi.org/10.1017/s0021855312000058.

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AbstractThis article examines the practice of the ECOWAS Community Court of Justice relating to the exhaustion of domestic remedies. It argues that the court is wrong to maintain the view that it is not bound by the doctrine, simply because the court's protocol is silent on the point. The author urges the court to reconsider its view in order to align its practice with prevailing customary international law and treaty trends on the exhaustion of domestic remedies in international suits espoused before international courts by or on behalf of individuals.

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Selove, Daniel. "AN AUTOPSY PROTOCOL FOR FATAL SNAKEBITE THAT WILL ENSURE USEABLE EVIDENCE IN COURT." Southern Medical Journal 83, Supplement (1990): 2S—61. http://dx.doi.org/10.1097/00007611-199009001-00244.

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Paraskeva, Costas. "Reforming the European Court of Human Rights: An Ongoing Challenge." Nordic Journal of International Law 76, no. 2-3 (2007): 185–216. http://dx.doi.org/10.1163/090273507x225747.

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AbstractThe European Court of Human Rights (ECtHR) plays a unique and central role in upholding human rights in Europe, but in recent years has experienced a huge increase in its workload. The exponential growth in the number of individual applications has and continue to pose a serious threat for the effectiveness of the European Convention on Human Rights (ECHR) system and it can be argued that it is the biggest challenge the ECtHR has been faced with in its history. Despite the substantial increase in its productivity and its output in general, the caseload continues to rise considerably, p

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Serneels, Cedric. "‘Unionisation’ of the European Court of Human Rights’ ne bis in idem jurisprudence: the Case of Mihalache v Romania." New Journal of European Criminal Law 11, no. 2 (2019): 227–39. http://dx.doi.org/10.1177/2032284419888291.

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This article analyses the decision of the European Court of Human Rights (ECtHR) in the case of Mihalache v Romania. In the judgment, the Court, dealing with the application of the ne bis in idem principle, further elaborates on the different components of the concept ‘final acquittal or conviction’ under Article 4 of Protocol No 7 to the European Convention on Human Rights. The author studies this aspect of the ruling through the lens of judicial dialogue and examines in particular the influence of relevant case law of the Court of Justice of the European Union on the ECtHR’s reasoning.

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Gous, Georgina, and Jacqueline M. Wheatcroft. "Directive Leading Questions and Preparation Technique Effects on Witness Accuracy." SAGE Open 10, no. 1 (2020): 215824401989905. http://dx.doi.org/10.1177/2158244019899053.

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The use of leading questions during cross-examination can undermine the accuracy and completeness of evidence presented in court. Furthermore, increasing numbers of general witnesses are arriving in court unprepared for the experience. In this study, 60 mock witnesses from England and Wales were allocated to one of the three preparation conditions: (a) those who received no familiarization with the cross-examination process, (b) those who received a guidance booklet on cross-examination procedures, and (c) those who underwent an alternative rapport-building protocol. The participants observed

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Tomlyak, Taisa. "PROTECTION OF PROPERTY RIGHTS IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS." EurasianUnionScientists 4, no. 6(75) (2020): 52–59. http://dx.doi.org/10.31618/esu.2413-9335.2020.4.75.850.

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The article considers the legal positions of the European Court of Human Rights (hereinafter - Сourt). In particular, the decision of the Сourt in cases of legality of interference with property rights was examined in the light of the provisions of Protocol № 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter Protocol №1 to the Convention). Also, the article specifies the principles that, in the opinion of the Сourt, the state must adhere to when interfering in property rights. In addition, it is established that the concept of "property" within the me

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Dicosola, Maria, Cristina Fasone, and Irene Spigno. "The Prospective Role of Constitutional Courts in the Advisory Opinion Mechanism Before the European Court of Human Rights: A First Comparative Assessment with the European Union and the Inter-American System." German Law Journal 16, no. 6 (2015): 1387–428. http://dx.doi.org/10.1017/s2071832200021192.

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On 2 October 2013, Protocol No. 16 to the European Convention on Human Rights (ECHR) was opened for signature by the Member States of the Council of Europe (CoE). The protocol, that has so far been signed by sixteen States and ratified by Albania, Georgia, Lithuania, San Marino and Slovenia, will enter into force in case of ratification by at least ten Member States. If the protocol becomes effective, it will expand the European Court of Human Rights’ competence to give advisory opinions upon request by domestic high courts and tribunals.

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Cavallaro, James L., and Stephanie Erin Brewer. "Reevaluating Regional Human Rights Litigation in the Twenty-First Century: The Case of the Inter-American Court." American Journal of International Law 102, no. 4 (2008): 768–827. http://dx.doi.org/10.2307/20456681.

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Over the past few decades, regional human rights tribunals have grown in both number and activity. The European Court of Human Rights (European Court or ECHR) now receives tens of thousands of petitions and issues over fifteen hundred judgments on the merits each year. The Inter-American Court of Human Rights recently tripled the number of cases that it resolves annually. At the time of this writing, in mid-2008, Africa’s own regional human rights court, the African Court on Human and Peoples’ Rights, prepares to begin hearing its first contentious cases. Currently, sixty-eight states are subj

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Kopa, Martin. "The Algorithm of the Margin of Appreciation Doctrine in Light of the Protocol No. 15 Amending the European Convention on Human Rights." International and Comparative Law Review 14, no. 1 (2014): 37–53. http://dx.doi.org/10.1515/iclr-2016-0043.

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Abstract European Court of Human Rights applies the margin of appreciation doctrine in order to determine the level of its self-restraint and the latitude of free discretion of states when implementing their Convention obligations. The rationale behind this doctrine is that in certain cases, domestic bodies are in a better position than international judges to provide adequate protection to human rights. In this regard, they should be afforded a margin of appreciation. The Court subsequently only reviews, if the interferences contested by an individual fall within this margin or not. This doct

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Casey, Patricia. "Expert testimony in court. 2: In the witness box." Advances in Psychiatric Treatment 9, no. 3 (2003): 183–86. http://dx.doi.org/10.1192/apt.9.3.183.

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Thorough preparation is essential before going into the witness box as an expert witness. This involves, among other things, rereading all the case notes and other relevant documentation and being familiar with recent research in areas related to the case. Areas of probable disagreement between experts should be discussed during consultation with counsel, since cross-examination is likely to focus on these. A specific protocol applies in the courtroom, especially when in the witness box. The approach to examination-in-chief is outlined and the tactics used during cross-examination are describe

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Temperman, Jeroen. "Parental Rights in Relation to Denominational Schooling under the European Convention on Human Rights." Religion and Human Rights 12, no. 2-3 (2017): 142–52. http://dx.doi.org/10.1163/18710328-12231133.

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Abstract Whereas the bulk of Article 2 Protocol i cases concerns aspects of the public-school framework and curriculum, this article explores Convention rights in the realm of denominational schooling. It is outlined that the jurisprudence of the Strasbourg Court generally strongly supports the rights of parents not to send their child to state-organized schools and hence to establish or avail of private, denominational schooling instead. In this area of private schooling, the Strasbourg Court could build a stronger body of jurisprudence against discriminatory funding policies. The Court is ri

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Caflisch, L. "The Reform of the European Court of Human Rights: Protocol No. 14 and Beyond." Human Rights Law Review 6, no. 2 (2006): 403–15. http://dx.doi.org/10.1093/hrlr/ngl007.

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