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Workshop » Eighth ICL-Workshop 

The Reception of Public International Law in the Jurisprudence of the ECtHR: Sign of Fragmentation or Unity?

8th Workshop on International Constitutional Law
 

The Vienna Workshop on International Constitutional Law
will take place

on 2 November 2012, 9 a.m. -  4 p.m.

Venue:
Marietta Blau Saal, University of Vienna, Universitätsring 1, 1010 Vienna

The Reception of Public International Law in the Jurisprudence of the European Court of Human Rights: Sign of Fragmentation or Unity?

 

The 8th Vienna ICL-Workshop focuses on how the European Court of Human Rights deals with notions, issues and principles of public international law. How is public international law received and applied by the European Court of Human Rights? Does the ECtHR’s reasoning adopt a “classical” approach, in line with statements of the International Court of Justice or the International Law Commission? Or does it choose a different line; if so, what are the reasons for the Court’s deviation?

Possible topics include, but are not limited to the ECtHR and the law of treaties; questions of state responsibility in the jurisprudence of the ECtHR; international humanitarian law as applied by the ECtHR; and the ECtHR’s approaches to questions of state and diplomatic immunity. Likewise the ECtHR’s dealing with the obligation of not to recognize unlawful situations will be addressed.

At the same time, the reception of the ECtHR’s jurisprudence is examined from a vertical perspective, in the domestic legal systems of Austria and Hungary.

From a broader perspective, the topic of the Vienna Conference situates itself in the context of the fragmentation debate. As was held by the UN-Study Group on Fragmentation under the Chairmanship of Koskenniemi, “New types of specialized law do not emerge accidentally but seek to respond to new technical and functional requirements … ‘Human Rights law’ protects the interests of individuals … Each rule-complex or ‘regime’ comes with its own principles, its own form of expertise and its own ‘ethos’. …” Against that background, the Vienna Conference will address the place of public international law in the jurisprudence of the ECtHR. Is there and can there be one?


Venue: Marietta Blau Saal, University of Vienna, Universitätsring 1, 1010 Vienna

 

 

Dr. Konrad Lachmayer , Schottenbastei 10-16 (Juridicum), A-1010 Wien - Austria, eMail email