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Unilateral Declarations as a Means of Settling Human Rights Disputes: a New Tool for the Resolution of Disputes in the Echr’s Procedure

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Chapter Summary

One of the main peculiarities in the system for the protection of human rights under the European Convention on Human Rights (ECHR) is the institution of friendly settlements. The institution of friendly settlements, whose role in the determination of disputes pending before the Court has increased over the years, belongs to the family of rules contained in the Convention which serve the sovereign right of the States parties to it to redress the wrong done to a particular individual, as a matter of priority, by themselves. An interesting development has taken place in recent years in the case-law of the Court, insofar as friendly settlements are concerned: the acceptance of unilateral declarations of States, as a valid ground for striking a case out of the Court's docket, despite the unwillingness of an applicant to consent to the terms proposed by a respondent Government in his case.

Keywords: European Convention on Human Rights (ECHR); friendly settlements; Human Rights disputes; unilateral declarations



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