Developments in the jurisdiction of the European Court of Human Rights and the possibility of its application all over the world

Volume 3 , Issue 2 , October 2015 , Pages 140-197

Authors

Briar Sherko Abdul Karim Baban 1

1 College of Law and Political Science - Salahaddin University / Erbil

DOI logo 10.17656/jlps.10072

Keywords

Abstract

The concept of (Jurisdiction) contained in the first article of the European Convention on Human Rights (HR) raises many problems as a result of a series of European Court of Human Rights (ECHR) decisions taken in the nineties of the last century. The both cases (Al-Skeini versus United Kingdom and Al-Jedda versus United Kingdom) before ECHR formed a new chance to develop its position on this concept. These decisions redefine the concept of (jurisdiction) and went so far as to review its earlier decisions. The facts occurred in Iraqi territory, but the importance of this research is to study the expansion of the jurisdiction decided by the court so that can imagine application of the European Convention on HR not only in Iraq but also in the rest of the world in non-party state to this European Convention. As though the effect of extending the jurisdiction touches also other important topics in the global rules of public international law such as the responsibility of international organizations and the attribution of human rights violations and how to interpret the Security Council resolutions by the ECHR and how to analyze some rules of international humanitarian law.

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  • Published at1 October 2015

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