A Voice of the European Court of Human Rights in Our ‘Panoptical’ Reality
A cross-cutting theme of two judgments rendered by the ECHR Chambers in 2018: Big Brother Watch and Others v. the UK and Centrum för Rättvisa v. Sweden is that mass surveillance per se does not violate the Convention on the Protection of Human Rights and Fundamental Freedoms. These judgments have been recently referred to the Grand Chamber, thus giving hope that the approach taken in respect of the launch of mass interception of communications and metadata may be revisited. In this Guest Editorial, the author summarizes critique of this approach from the different points of view. It is argued that this stance neglects a previous progressive development of the ECtHR’s case law, misuses a concept of the ‘margin of appreciation’, and is based on the application of the test of proportionality by exploiting unproven logical links. Moreover, a comprehensively profiled individual can hardly maintain his or her personal autonomy, which is a keystone of the Convention.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Article contains analysis of the decisions of the European Court of Human Rights on freedom of expression, in which the Court had to balance public interest against the protection of commercial structures from unfair competition or injury to their business reputation.
The article analyses interpretation of the articles of the European Convention on Human rights and Fundamental Freedoms, which guarantee the right to private and family life, to marry, to access court and to be free from arbitrary detention in the context of formal equality and non-discrimination for the persons with mental disabilities. The author argues that the judges of international courts interpret human rights language not literally, but broadly, pragmatically – involving comparative legal studies, judicial practice of different states, fact analysis for the better protection of fundamental rights of the applicants, thus employing compensatory possibilities of law for the equalization of the possibilities to access the rights for the persons, belonging to disadvantages groups.
This publications consists of the papers prepared on the basis on the reports made at the international scientific conference "Serching for a balance between private and public interests in decisions of the international and national courts".
This monograph is dedicated to both theoretical and practical problems of joint application of International Humanitarian Law and International Human Rights Law norms in armed conflicts. Special emphasis is made on the contradictions between norms of both branches of International Law in the sphere of protection of right to life and right to liberty. Conclusions made by the author are based on the analysis of norms of International Law, practice of their application by international organizations and states, decisions of the International Court of Justice, The UN Human Rights Committee, The European Court of Human Rights, The Inter-American Commission and Court of Human Rights, The African Commission on Human' and Peoples' Rights, international and mixed criminal courts and tribunals, as well as legal literature.
Response to Peter Schaar (Chairman of the European Academy For Freedom of Information and Data Protection, former German Data Commissioner) about the incompatibility of the Internet and Big Data with Data protection. It declares that technological development has overtaken the policy-making process and applications according to web 3.0 are likely to be far more effective at piecing together personal data than even traditional search engines.
The series of studies collected in theis book represent different approaches of their authors to the problem of privat life in the past.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/