Inter-state Application at the EctHR as a Method to Benefit International Disputes
Abstract
According to the European Convention for the Protection of Human Rights and Fundamental Freedoms, every contracting state has the power to initiate inter-state applications against other states. The use of this procedure is rare due to political and diplomatic reasons; states primarily attempt to resolve disputes through diplomatic means. Despite this, the European Court of Human Rights (ECtHR) has extensive experience, and its decisions and judgments in inter-state conflicts have contributed to positive changes for the disputing parties.
The ECtHR consistently aligns with the main goals of the Council of Europe—rule of law, democracy, and human rights—and contributes to the improvement of relations between conflicting parties. This experience holds crucial importance for situations in conflict areas, and the court's case law benefits the relations between the conflicting parties.
Inter-state procedures can have a positive impact on the overall situation, and the outcomes can be significant for both parties involved in the conflict. In some conflicts, a legal clarification of facts and recommendations is necessary to initiate further actions and spur negotiations regarding these actions.
Therefore, it is evident that there is a clear need for methods within the legal framework and legal procedures to commence the process of improving the situation and pursuing the primary goal of the Council of Europe: achieving peace on the European continent..
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References
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Cases:
9. Case Greece vs. United Kingdom, Application No. 17/6/56.
10. Case Greece vs. United Kingdom, Application No. 29/9/57.
11. Case United States vs. Melekh et.al., NY district court, 28.11.1960.
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19. Grand Chamber Decision as to the Admissibility of Application no. 48787/99 Ilie Ilaşcu and Others against Moldova and the Russian Federation.
20. Bankovic and Others vs. Belgium and Others, ECHR, Application no. 52207/99, Grand Chamber, 12 December 2001.
21. Case Denmark vs. Turkey (Application no. 34382/97), Judgment (Friendly settlement) 5 April 2000.
22. Cases Cyprus vs. Turkey (Applications 678/0/74, 69/50/75, 8/007/77 and 25781/94): Applications N° 6780/74 and N° 6950/75 Cyprus vs. Turkey, Decision of 26 May 1975 on the admissibility of the applications and Application No. 25781/94 – Judgment of May 10, 2001.
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24. Second inter-state application GEORGIA vs. RUSSIA, case about the violation of human rights during the armed conflict in August 2008.
25. Application no. 15213/09 by Valeriy Dyanozovich Kulumbegov against Georgia lodged on 13 September 2008.
26. Application no. 20517/09 by Akhsartak Sergeyevich Bekoyev against Georgia lodged on 27 September 2008.
27. Case Abayeva and others v. Georgia (Applications nos. 52196/08, 52200/08, 49671/08, 46657/08 and 53894/08).
28. Pending application to the International Court of Justice about the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia vs. Russian Federation).
Legal and Other Relevant Documents:
29. "European Convention for the Protection of Human Rights and Fundamental Freedoms" signed in Rome on 4 November 1950, entered into force on 1953.
30. Agreement on the "Friendly Settlement of Application No. 34382/97 Denmark vs. Turkey".
31. Report of the UN Secretary-General concerning the situation in Abkhazia, Georgia, S/2002/88, 18.01.2002.
32. Human Rights Watch October 2007, "Russia’s Detention and Expulsion of Georgians" Volume 19 No. 5(D), p.3).
33. Information Note No. 94 on the case-law of the Court (ECHR), February 2007.
34. Annual Report to the General Assembly (A/62/306) by Special Rapporteur on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance, sixty-second session, 24 August 2007.
35. Information Note No. 110 on the case-law of the Court (ECHR), July 2008.
36. Report of the Independent International Fact-Finding Mission on the Conflict in Georgia (September 2009), http://www.ceiig.ch/Report.html (last visited in May 2010).
37. Parliamentary Assembly of Council of Europe Resolution 1633 (2008).
38. Parliamentary Assembly of Council of Europe Resolution 1647 (2009).
Copyright (c) 2023 Zurab Aznaurashvili
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