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Title: An evaluation of state compliance and enforcement in the context of the European Convention on Human Rights, with particular reference to derogation and to the position of the United Kingdom and Ireland
Author: Brown, Michelle Olivia
ISNI:       0000 0001 3498 5408
Awarding Body: University of Ulster
Current Institution: Ulster University
Date of Award: 2007
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This thesis examines the issues arising from state compliance with and enforcement of international human rights treaty provisions. The European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, provides the main focus for this analysis. On the issue of state compliance with treaty provisions, this thesis explores the applicability of existing theories surrounding state compliance with international law in a specific European Convention Context. Concerning state enforcement oftreaty provisions, this thesis has been written at a time when reform of the enforcement machinery within the European Convention system is ongoing. The main component parts of this programme of refonn are outlined and critiqued. Specifically within the European Convention context, special attention will be paid to the derogation provisions contained in Article 15 of the Convention. This will operate as a prism through which to explore the conceptual and policy difficulties associated with securing state compliance with and enforcement of such treaty provisions. Arguing that the securing of state compliance. with and enforcement of their treaty obligations is at its most important during situations of emergency (when the potential for state abuse of fundamental rights and freedoms is heightened), this thesis advocates a series of specific, well-targeted refonns. If implemented, these refonns could help to ensure that the European Convention's enforcement and derogation frameworks are capable ofproviding continued high level rights protection even in the face of the challenges posed to rights protection in this post September 11th (2001) era.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available