Human rights - environment - European Convention for the Protection of Human Rights and Fundamental Freedoms - protected right based upon environmental degradation
Article Abstract:
The European Court of Human Rights recognized the impact of environmental degradation on individual enjoyment of human rights in its Dec 1994 Lopez Ostra case ruling. The Court held public authorities must take measures to protect enjoyment of private life from environmental degradation. However, the Court failed to clarify whether such protection is limited to the home or, for example, extends to the workplace. The Court was more concerned with ensuring governments consider individual interests prior to making environmental degradation decisions than with defining a fair balance between individual and community interests.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
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Switzerland - international humanitarian law - existence of an international armed conflict - attribution of violations of the Red Cross Conventions to de facto organs or agents of parties to a war - universal jurisdiction over war crimes in Switzerland
Article Abstract:
A Swiss Military Tribunal concluded in Apr 1997 in In re G. that war crimes occurring in Bosnia-Herzegovina between May and Aug 1992 could be considered international war crimes because Slovenia and Croatia had declared independence before that time, in Oct 1991. The decision differed from a subsequent decision made by the International Criminal Tribunal for the former Yugoslavia in Prosecutor v. Tadic. The Swiss Military Tribunal acquitted the defendant charged in In re G.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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