Lenin and Wilson in Tension
The autumn of 2020 witnessed the biggest escalation of the decades-long Nagorno-Karabakh conflict since the war of 1992-4. The analysis of legal arguments raised by the Armenian and Azerbaijan sides, is influenced by the Crimean Referendum of 2014. Whereas in the latter case, the majority of the UN members condemned Russian acts, now the international community seems reluctant to take a stance, calling for a mutual ceasefire instead. Does the difference in international response display inconsistency of state practice and the prevalence of Realpolitik over the rule of international law? This contribution suggests that the incongruity is due to two different doctrines informing the scope of a right to self-determination.
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No Going Nuclear in Strasbourg
Mammadov v. Azerbaijan, the much anticipated judgment handed down by the Grand Chamber of the European Court of Human Rights yesterday, is no ordinary judgment. It is the first time the Court has ruled in an ‘infringement procedure’ – the most serious form of political pressure that members of the Council of Europe can exert on one of their own short of expulsion from the club.
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Caviar, Corruption and Compliance – New Challenges for the Council of Europe
Compliance with judicial decisions often poses challenges, all the more so when international courts such as the European Court of Human Rights are involved. How to react to a failure to abide by judgments of the ECHR has been a question for the Council of Europe for some time. But the suspicious background of a currently unfolding episode involving Azerbaijan may offer an unusually clear justification for a strong reaction even to a single case of non-compliance.
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