European Court of Human Rights - regulation of cultural property - preemptive right of state to acquire works of art - compensation for deprivation of possessions - UNESCO Convention on Cultural Property
Article Abstract:
The author discusses the European Court of Human Rights' decision in Beyeler v. Italy, which involved a question of when states may claim works of art and owe compensation upon exercising this preemptive right, but the court left the legal status of the owner unclear.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2000
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European Court of Human Rights - killing of persons attempting to flee the GDR - criminal law - retroactive reinterpretation - exemptions from criminal responsibility granted by repressive regimes - positive law and material justice - right to life - freedom of movement
Article Abstract:
The European Court of Human Rights has held that former East German government officials can be held liable for deaths caused when people attempting to cross the Berlin Wall were shot on the officials' orders. The commentator agrees with the principle that such officials cannot employ the defense of 'state practice' in violation of their own country's law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2001
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European Convention on Human Rights - right to free elections applicable to European Parliament elections - states' responsibility for human rights violations within the supra-national organization framework
Article Abstract:
The author examines the European Court of Human Rights' decision in Matthews v. United Kingdom, in which the court ruled that EU member states have a responsibility for human rights violations within the organization and exclusion from voting in European Parliamentary elections is a violation.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
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