State responsibility and positive obligations in the European Court of Human Rights
The contribution of the ICJ in advancing towards more judicial integration
Bibliographic Data
| ID | 12187817 |
|---|---|
| Authors | Rosana Garciandia (King's College London, corresponding author) |
| Year | 2019 |
| Volume | 33 |
| Issue | 1 |
| Pages | 177-187 |
| Publication date | 2019-11-18 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Leiden Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0922-1565 • E-ISSN: 1478-9698 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0922156519000591 |
| OpenAlex | W2986058295 |
| Language | EN |
| Citations received | 3 |
The European Court of Human Rights (ECtHR) follows its own rules regarding the responsibility of states, although the international law of state responsibility enshrined in the International Law Commission (ILC) Articles on State Responsibility for Internationally Wrongful Acts (ARSIWA) remains, as general international law, relevant to its decisions. However, case law of the ECtHR shows that the Court is departing from certain ARSIWA principles as it adopts a broad interpretation of rights contained in the European Convention on Human Rights (ECHR) giving rise to positive obligations. 1 Exploring those trends in the state responsibility regime of the ECHR, this article argues that, by clarifying certain ARSIWA provisions, the International Court of Justice (ICJ) can play an important role by contributing to a higher degree of judicial integration on the law of state responsibility. It is desirable that the ICJ takes any upcoming opportunity to provide greater clarity on the challenges and nuances of the applicability of the law of state responsibility, in particular as it relates to positive obligations. That would contribute to a more systematic use of those rules by regional courts such as the ECtHR, and ultimately to guaranteeing a greater protection of human rights
CLARITY · Commission · Convention · Economic Justice · Human rights · International court · International human rights law · International law · Political science · Principle of legality · Public international law · State (computer science · State responsibility · European Criminal Justice and Data Protection · International Law and Human Rights · Law · Ombudsman and Human Rights
| Unique citing works | 3 |
|---|---|
| Citations per year | 0.75 |
| Citation span | 2022 - 2024 (3) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |