Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Response to Sea Pollution Incidents: International Framework, Regional Cooperation and National Approach

Response to Sea Pollution Incidents: International Framework, Regional Cooperation and National... This article critically examines weak execution of judgements of the European Court of Human Rights from the perspective of on-going innate struggle between ideas of liberalism and illiberalism in transitional societies of Central and Eastern European countries. This article thereafter identifies and analyses the reasons for poor execution of judgements in most Central and Eastern European states from the perspective of (il)liberalism, trying to draw out lessons concerning the understanding of current failures of those states to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Equipped with this knowledge, this article goes on to argue that some common reasons for non-execution of judgement can be identified across Central and Eastern European states. It argues that those reasons can be inter alia located in legal formalisms, authoritarian judicial cultures and lack of self-criticisms of judicial structures. To this end, this article suggests how Central and Eastern European states could overcome the hurdles posed by remains of socialist legal culture in a manner that will live up to their obligations concerning execution of judgements of the European Court of Human Rights. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

Response to Sea Pollution Incidents: International Framework, Regional Cooperation and National Approach

Baltic Yearbook of International Law Online , Volume 11 (1): 173 – Jan 1, 2011

Loading next page...
 
/lp/brill/response-to-sea-pollution-incidents-international-framework-regional-lH0yV9sJ5s

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright 2012 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-6456
eISSN
2211-5897
DOI
10.1163/22115897-90000071
Publisher site
See Article on Publisher Site

Abstract

This article critically examines weak execution of judgements of the European Court of Human Rights from the perspective of on-going innate struggle between ideas of liberalism and illiberalism in transitional societies of Central and Eastern European countries. This article thereafter identifies and analyses the reasons for poor execution of judgements in most Central and Eastern European states from the perspective of (il)liberalism, trying to draw out lessons concerning the understanding of current failures of those states to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Equipped with this knowledge, this article goes on to argue that some common reasons for non-execution of judgement can be identified across Central and Eastern European states. It argues that those reasons can be inter alia located in legal formalisms, authoritarian judicial cultures and lack of self-criticisms of judicial structures. To this end, this article suggests how Central and Eastern European states could overcome the hurdles posed by remains of socialist legal culture in a manner that will live up to their obligations concerning execution of judgements of the European Court of Human Rights.

Journal

Baltic Yearbook of International Law OnlineBrill

Published: Jan 1, 2011

There are no references for this article.