Groningen Journal of International Law

International Law Under Construction


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The ECtHR on Nagorno-Karabakh: Current Approaches and Future Prospects

Gayathree Devi KT

In recent years, the European Court of Human Rights (ECtHR) has seen an influx in claims concerning human rights violations in contested territories. Nagorno-Karabakh is one such interesting territory, because it involves competing territorial claims not only from States – Azerbaijan (the internationally recognized territorial State) and Armenia (the occupying force) – but also from a non-State actor, the Republic of Artsakh. Although Artsakh lacks international recognition, it has been exercising de facto control over Nagorno-Karabakh to the exclusion of Azerbaijan since at least 1991. Its role in the human rights situation in Nagorno-Karabakh matters, because several human rights violations in the region are being committed by this de facto regime (DFR), whether with or without Armenia’s support. Against this backdrop, this blogpost analyses how the ECtHR has been establishing jurisdiction and responsibility for claims arising out of the Nagorno Karabakh conflict so far. It also considers the implications of the court’s 2021 decision in Georgia v Russia (II) for claims arising out of the recent resumption of hostilities in Nagorno-Karabakh.

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Happy 60th Anniversary, European Court of Human Rights: Celebrating (with) Protocol 16 Advisory Opinion and Infringement Proceedings

By Aikaterini Tsampi| A.Tsampi@rug.nl

This year, the European Court of Human Rights (ECtHR/Court) turned 60. To celebrate this occasion at the University of Groningen, the “ECtHR Evenings” were organised at the Faculty of Law – Department of Transboundary Legal Studies. In the framework of four “ECtHR Evenings” sessions, which took place between April and May 2019, UG LLB students researched, read and reflected on the recent (2019) ECtHR case-law under the supervision of dr. Aikaterini Tsampi. While many cases were discussed during these sessions, the present blog contribution will focus on the outcome of two proceedings that have already marked the 2019 judicial activity, if not the entire history, of the Court.

On 10 April 2019, the Grand Chamber of the European Court of Human Rights delivered its 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, under Article 1 of Protocol No. 16 to the European Convention on Human Rights (“ECHR” or “Convention”). Shorty thereafter, the Grand Chamber delivered its judgment in Proceedings under Article 46 § 4 of the Convention in the case of Ilgar Mammadov v. Azerbaijan. Continue reading


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My office – my rules?

By Tina Korošec | korosec.tina1@gmail.com

Spending on average more than 40 hours a week at work means that my office colleague is by default the person I see most. I keep my sports gear and medical prescriptions in the office drawer and my planner and pictures of people I care about on the desk. I have a YouTube playlist I listen to at work. In short, my workplace is very home-like and my home is often the office for the weekend.

I am not here to judge whether this lifestyle evolution should be welcomed or rejected but I believe the blurring of divisions between the professional and personal should be observed with due caution. The European Court of Human Rights (ECtHR) recognised the difficulties in distinguishing the two and the problems with drawing the lines of human rights protection artificially in the Niemietz v. Germany case, holding that the protection of ‘private life’ under the Convention extends to the workplace. In recent years, the Court has developed considerable case-law on a broad range of workplace-related issues relevant to employees in Europe, who are often unfamiliar with the protection of their rights offered by the Convention. This blog post discusses two aspects of employers’ restrictions on employees in the workplace: dress code and surveillance. Continue reading