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Introductory Note: Georgia V. Russia (European Court Of Human Rights), Milena Sterio
Introductory Note: Georgia V. Russia (European Court Of Human Rights), Milena Sterio
Law Faculty Articles and Essays
In a January 31, 2019 decision, the European Court of Human Rights (ECtHR, or Court) held that Russia, the respondent state, should pay Georgia, the applicant state, 10 million euros as just satisfaction for violations committed by Russia against Georgian nationals; these violations had previously been established in the Court's main judgment in 2014 (Georgia v. Russia). The Court also held that Georgia should distribute this amount to approximately fifteen hundred Georgian victims, which had been identified in the Court's main judgment in 2014. In this important decision, the ECtHR continued to build on its recent case law, in holding …
A Tale Of Two States: Territoriality And Minority Rights In Kosovo And Georgia, Milena Sterio
A Tale Of Two States: Territoriality And Minority Rights In Kosovo And Georgia, Milena Sterio
Law Faculty Articles and Essays
This article argues that territoriality and minority rights can work in tandem, because most secessionist claims by minority groups involve claims to territory. Thus, territoriality and minority rights are both about land, and the relevant inquiry should be whether to alter the status quo, at the expense of a mother State's territory and in order to accommodate minority rights. This paper seeks to answer this difficult question in the context of recent secessionist struggles in Kosovo and in Georgia. Part 2 discusses the principle of territorial integrity under international law, before turning to a discussion of minority rights, and in …