@article{2022:miklasov:postcease,
title = {Post-Ceasefire Nagorno-Karabakh: Limits to the ECtHR’s Approach to Jurisdiction over Secessionist Entities under the ECHR},
year = {2022},
note = {This paper examines whether (and if so, on what basis) the events
taking place in Nagorno-Karabakh after the signature of a trilateral
ceasefire agreement in November 2020 would fall within the
jurisdiction under the European Convention on Human Rights (ECHR) of
Azerbaijan as a territorial State; Armenia as potentially exercising
effective control there; or Russia given the presence of its
peacekeeping mission in the region. It also outlines the future
developments after Russia ceases to be the party to the ECHR. On the
example of Nagorno-Karabakh, the paper demonstrates the limits to the
European Court of Human Rights’ approach to jurisdiction over
secessionist entities under the ECHR. In particular, it highlights the
relativity of the requirement of the presence of the ‘boots on the
ground’ as the element of the effective control test under a spatial
extra-territorial model of jurisdiction.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {357--378},
author = {Miklasová, Júlia},
volume = {82},
number = {2}
}