Cullen & Wheatley: The Human Rights of Individuals in De Facto Regimes under the European Convention on Human Rights

Anthony Cullen (Middlesex Univ. - Law) & Steven Wheatley (Univ. of Lancaster - Law) have posted The Human Rights of Individuals in De Facto Regimes under the European Convention on Human Rights (Human Rights Law Review, forthcoming). Here's the abstract:

The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognising ‘de facto regimes’ as subjects of international law, before examining the relevant case law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the doctrine of acquired human rights to recognise, in certain circumstances, that the European Convention on Human Rights can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society.