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Nagorno-Karabakh in the jurisprudence of the European Court of Human Rights
Author(s) -
Aleksa Nikolić
Publication year - 2021
Publication title -
međunarodni problemi
Language(s) - English
Resource type - Journals
eISSN - 2406-0690
pISSN - 0025-8555
DOI - 10.2298/medjp2101106n
Subject(s) - human rights , jurisprudence , convention , law , political science , international law , international human rights law
The paper analyses the conflict between Azerbaijan and Armenia over Nagorno-Karabakh from the point of view of the jurisprudence of the European Court of Human Rights (ECtHR) regarding the violation of human rights of the warring parties directly related to the disputed territory. The European system of human rights protection is one of the greatest European achievements in the field of law, especially if we keep in mind that its judgments are binding on the signatories of the European Convention on Human Rights and Freedoms (ECHR), thus giving it suprajudicial power. Through the analysis of two cases, Sargsyan vs Azerbaijan and Chiragov and others vs Armenia, the Court addressed some very interesting issues that may encourage different interpretations of the European Convention on Human Rights and Freedoms (ECHR), but also directly affect the resolution of the Nagorno-Karabakh conflict. In this regard, the analysis of the (non) existence of the right of the people of Nagorno- Karabakh to self-determination is especially interesting and significant. The author concludes that the ECtHR in its judgments has taken certain positions that may be of great importance in resolving the status of Nagorno-Karabakh before the international community and international organisations.

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