Monday, September 26, 2016

Besson: Concurrent Responsibilities under the European Convention on Human Rights

Samantha Besson (University of Fribourg - Law) has posted Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties and Responsibilities (in The European Convention on Human Rights and General International Law, Anne van Aaken & Iulia Motoc eds., forthcoming). Here's the abstract:
After pertaining for a long time to its notion, conditions and related duties, the debate about jurisdiction, territorial or extraterritorial, in the ECHR has now reached the issue of its normative implications for States’ duties and responsibilities in circumstances where many States exercise concurrent jurisdiction at the same time. In response to this new challenge, the present chapter discusses how one should articulate the concurrent effective control and hence jurisdictions of different States; how one should specify and allocate their concurrent duties stemming from this concurrence of jurisdiction; and, finally, how one should attribute and then allocate their concurrent responsibilities when concurrent duties have been violated. Thereby, the chapter also contributes to the disentanglement of distinct issues whose relationship to the elusive notion of State ‘control’ has often led the ECtHR to conflate in its case-law on State responsibility. More generally, it shows how much the ECtHR’s practice has promoted and could promote even further the development of the still largely underexplored regime of concurrent or ‘shared’ responsibility in general international law.