The ECHR and Responsibility of the State: Moving Towards Judicial Integration - A View from the Bench

Abstract

This chapter will try to demonstrate that there is a tendency towards convergence between the approach taken by the European Court of Human Rights in matters of jurisdiction and responsibility and general international law. The analysis will show that in its decisions in Jaloud and Chiragov, the Court is moving towards a judicial integration in the sense of a reasoned difference between responsibility in human rights and general international law. Although in future judgments the ECtHR will have to offer even more consistent legal reasoning to maintain this trend, it is evident that the ECHR is not a self-contained regime but contributes to greater judicial integration.