The Notion of ‘Continuous Violations’, Expropriated Armenian Properties, and the European Court of Human Rights
Bibliographic Data
| ID | 12822668 |
|---|---|
| Authors | Frédéric Mégret (0000-0002-1220-4903, McGill University, corresponding author) |
| Year | 2014 |
| Volume | 14 |
| Issue | 2 |
| Pages | 317-331 |
| Publication date | 2014-03-13 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Criminal Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1567-536X • E-ISSN: 1571-8123 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15718123-01401011 |
| OpenAlex | W1966285859 |
| Language | EN |
| Citations received | 1 |
| References cited | 1 |
This article examines the potential for litigation relating to Armenian properties confiscated following the Armenian Genocide before the European Court of Human Rights (ECtHR). It finds that the ECtHR’s lack of retroactive jurisdiction is a priori an obstacle but that the concept of ‘continuous violation’ may be of assistance, even though expropriation is typically considered an ‘instantaneous violation.’ Nonetheless, the article concludes with a few thoughts on how the ‘actuality’ of expropriations, as well as their unique character in relation to the commission of a genocide, might nonetheless warrant an exceptional assertion of jurisdiction that would be consonant with victims’ right to an effective remedy under international human rights law
Armenian · Assertion · Expropriation · Genocide · Human rights · Jurisdiction · Political science · Sociology · European and International Law Studies · International Law and Human Rights · Law · Philosophy · Post-Soviet Geopolitical Dynamics
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,1 |
| Citation span | 2016 - 2016 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |