Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

State succession

2010

Articles 1 - 1 of 1

Full-Text Articles in Law

Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe Jan 2010

Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

What happens when a state breaches its international obligations and then ceases to exist? Does its obligation to repair the harm caused by the breach devolve to a new state that occupies part of the territory of an old state? Can a new state be held accountable for violations that took place before the entry into force of the treaty with respect that state? This comment examines the European Court of Human Rights’ (hereinafter 'the Court' or 'the ECHR') encounter with the law of state succession, specifically succession to treaty obligations and succession to responsibility for wrongful acts of a …