European Community - common commercial policy - export of dual-use goods to nonmember states - external security and disturbance of foreign relations - proportionality of national measures

Article Abstract:

The European Court of Justice's (ECJ) 1995 decisions in the Leifer and Fritz Werner cases mean member states are authorized to restrict trade with third countries in the interest of both international and national security. The decisions also allow national courts to determine the risks and appropriate sanctions for exporting dual-use goods in such situations. The rulings, based on Art. 11 of the Export Regulation, recognize the wider public security implications of states' foreign policies and establish a cooperative relationship between the ECJ and national courts in this area.

Exports, European Community

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European Convention on Human Rights - applicability to acts performed outside national territory - acts in Northern Cyprus possibly within Turkish jurisdiction - territorial limitation of declarations of acceptance - dynamic interpretation of provisions on enforcement

Article Abstract:

The European Court of Justice's 1995 Loizidou decision indicates the Court's desire to provide the widest possible human rights protections under the European Convention on Human Rights. The Court interpreted the Convention as applicable to any violations imputable to a state party even if the acts occur outside the state's national territory. However, the Court did not rule on the politically sensitive question of Turkey's jurisdiction over the Northern Cyprus territory.

Laws, regulations and rules, Turkey, Cyprus, Jurisdiction (International law)

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European Convention on Human Rights - conditions for modified applicability in overseas territories - restrictions on political activities of aliens - lawful entry by air

Article Abstract:

The European Court of Human Rights 1995 Piermont decision held Article 16 of the European Convention on Human Rights to be inapplicable, thus restricting the scope of the article's broad language on aliens' political activities. Member states must extend the same political freedom to non-nationals that their own citizens enjoy, under this decision. The Convention should provide uniform human rights in all member states, according to the Court's logic.

Political activity, Aliens, international

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