ESIL Reflection on Brighton

Laurence Helfer of Duke University has posted a very interesting 'reflection' on the website of the European Society of International Law on the outcomes of the Brighton Summit on the European Court. It is entitled 'The Burdens and Benefits of Brighton'. this is the author's own summary of the essay:

In this brief commentary, I first review the Brighton Declaration provisions that reflect the member states’ attempt to rein in the power of Strasbourg judges. I then introduce and defend a proposal to condition access to the new Protocol’s “benefits” to those member states that are adequately shouldering the “burdens” of more deeply embedding the Convention and ECtHR case law in their national legal orders. I conclude by identifying alternative ways to implement this proposal and discuss their potential benefits and drawbacks.

Doily Snowflake Ornament Free Tutorial by Christie Hurst of A Lemon Squeezy Home

Any time during the year when I see something cute that I can use for the holidays I always bookmark it or print off a copy for my holiday decorating "to do" folder.  Then just before the holidays I decide which project I'm going to do that year. This year I'm bookmarking the doily snowflake ornament tutorial by Christie Hurst.

Doily Snowflake Ornament: Tutorial

Copyright © 2011 - All Rights Reserved - Christie Hurst of A Lemon Squeezy Home 

Here's what Christie had to say about her tutorial: I posted this on Craft Snob a couple weeks ago and thought I better hurry and post anything Christmas related here while they can be used.

I’m going to show you how extremely quick and easy this doily ornament is.  My 6 year old said it looks like a snowflake, so we’ll call it the Doily Snowflake Ornament.  I think it’s a great starting point for many beautiful things you can imagine with this ornament.

Please respect Christie's TERMS OF USE: Unless stated otherwise, you may use any of the items or tutorials I post for personal use. If you are wanting to sell items made from my tutorials, please ask me for permission!

If you make and post anything that I came up with, please post a link to my blog. If you sell any items on my website that was my idea, then you must post a link giving me credit (after asking permission to sell first).

Just give credit where it is due! Happy crafting!

Copyright © 2012- All Rights Reserved - Christie Hurst of Lemon Squeezy Shop at http://www.etsy.com/shop/lemonsqueezyshop. Please visit her A Lemon Squeezy Home blog at http://alemonsqueezyhome.blogspot.com/

Chunky Shimmer Bangles Free Tutorial by Alisa Burke

If you like bangles and love accessorizing with all different kinds then you'll be happy to know that Alisa Burke has a wonderful tutorial showing you how to make chunky shimmer bangles.

chunky shimmer bangles

Copyright © 2011 - All Rights Reserved - Written by Alisa Burke of Alisa Burke

Here's what Alisa had to say about her tutorial: I love accessories and I am always looking for new ways to create my own bling.

Please respect Alisa's TERMS OF USE:  I work really hard to come up with my art, tutorials, ideas, classes, inspiration and more. Please understand that everything I post on my blog is for your personal use only - not for resale or redistribution. Please contact me if you are interested in using anything that I share online-thank you!!!

For more information on Alisa's Terms of Use please CLICK HERE.

Alisa's Bio: Alisa Burke is a freelance painter and mixed media artist who studied fine art at Portland State University. With a background in painting and printmaking, a desire to explore and push materials, Alisa is always looking for new ways to break the rules and redefine art. She draws inspiration from street art, graffiti, art history and fashion and it is not uncommon to find her digging through the trash in hopes of recycling something unique use in her artwork.

Alisa’s paintings have been exhibited in a variety of galleries and her handmade, painted accessories are carried in a number of boutiques across the country. Her artwork has been featured in publications such as Cloth Paper Scissors, Quilting Arts, Where Women Create, Somerset Studios’ Haute Handbags, Art Doll Quarterly, and the University of San Diego Magazine. In addition to making art, Alisa teaches a variety of workshops nation wide. Alisa appeared as a guest artist on the DIY Network show Craft Lab and book Canvas Remix was released in spring 2008.

Copyright © 2011 - All Rights Reserved - Alisa Burke of Alisa Burke.

Please visit her Alisa Burke website at http://www.alisaburke.com and her Alisa Burke - Redefine Creativity blog at http://www.alisaburke.blogspot.com. Her Alisa Burke Etsy shop is at http://alisaburke.etsy.com.

Glitter Magnets Free Tutorial by Carina Envoldsen-Harris of Carina's Craftblog

Everyone loves to decorate with glitter.  If you do, too,  then you'll love the glitter magnets idea from Carina Envoldsen-Harris.  Enjoy!

Glitter magnets - make your own

Copyright © 2010 - All Rights Reserved - Written by Carina Envoldsen-Harris of Carina's Craftblog  blog.

Here's what Carina had to say about her tutorial: Hey, how's your Saturday? The snow is kinda melting round here. A bit sad, but I guess it will make life easier for a lot of peeps, eh?

I had some fun making these magnetic glitter hearts and stars. It's really easy too!

Please respect Carina's TERMS OF USE: BE NICE: DON'T STEAL - I spend hours thinking up projects, taking pictures, processing the pictures and writing tutorials and posts. So please respect the work that goes into this and don't steal my content. You are welcome to use the tutorials and patterns for your own personal crafting pleasure. And if you like them, feel free to share links to them. You can even borrow an image or two if you link back here. Sharing is nice, it's what makes the crafty blogosphere so great! But stealing other people's content and passing it off as your own is not nice at all. So don't be that guy. Or gal. Translating my tutorials or removing my copyright notice from images and posting the content as your own is not allowed. Thank you. Got a question about something? Want to know a bit about me? Need help with something? Check out the fancy pants FAQ page!

Carina's Bio: Carina is a Danish girl living in Essex, England with her husband. She's an artist and crafter who loves to crochet, draw, sew, paint, and embroider.

Copyright © 2010 - All Rights Reserved - Written by Carina Envoldsen-Harris of Carina's Craftblog blog. Please visit Carina's new Carina's Craftblog blog at http://carinascraftblog.wardi.dk ,  her Wardi.dk website, her Carina Wardi Etsy shop, and her Polka & Bloom Etsy shop .

Glittery Pine Cones Free Tutorial by Carina Envoldsen-Harris of Carina's Craftblog

Looking for a quick and easy project to add some glitter to your holiday decorating this year.  If so, you'll want to check out the glittery pine cones tutorial by Carina Envoldsen-Harris.  Have fun decorating.

Glittery pine cones - tutorial
Copyright © 2010 - All Rights Reserved - Written by Carina Envoldsen-Harris of Carina's Craftblog blog.

Here's what Carina had to say about her tutorial: Maybe you are all done with all your Christmas preparations and fancy something to while away the hours? Or, you are busy with all the wrapping and baking etc and need to keep your kids and/or husband occupied for half an hour?

This is the perfect project! And pretty too!

Please respect Carina's TERMS OF USE: BE NICE: DON'T STEAL - I spend hours thinking up projects, taking pictures, processing the pictures and writing tutorials and posts. So please respect the work that goes into this and don't steal my content. You are welcome to use the tutorials and patterns for your own personal crafting pleasure. And if you like them, feel free to share links to them. You can even borrow an image or two if you link back here. Sharing is nice, it's what makes the crafty blogosphere so great! But stealing other people's content and passing it off as your own is not nice at all. So don't be that guy. Or gal. Translating my tutorials or removing my copyright notice from images and posting the content as your own is not allowed. Thank you. Got a question about something? Want to know a bit about me? Need help with something? Check out the fancy pants FAQ page!

Carina's Bio: Carina is a Danish girl living in Essex, England with her husband. She's an artist and crafter who loves to crochet, draw, sew, paint, and embroider.

Copyright © 2010 - All Rights Reserved - Written by Carina Envoldsen-Harris of Carina's Craftblog blog. Please visit Carina's new Carina's Craftblog blog at http://carinascraftblog.wardi.dk ,  her Wardi.dk website, her Carina Wardi Etsy shop, and her Polka & Bloom Etsy shop .

Cheap Trash Bag Halloween Decorating Free Tutorial by Jessica Jones

Are you looking for a cheap and easy way to decorate for your Halloween party this year? If so you'll want to check out Jessica Jones cheap trash bag Halloween decorating idea.

Cheap, trash bag Halloween decorating

Copyright © 2011- All Rights Reserved - Written By  Jessica Jones of Jessica Jones.

Here's what Jessica had to say about her tutorial:  In a burst of festivity, I decided we should have some Halloween decorations in the house. Something 1) dramatic, 2) super cheap, and 3) didn't require me to go to the store. Behold: trash bag spiderwebs.

Please respect Jessica's TERMS OF USE:  You're welcome to link to my How About Orange blog or use a single image and brief description to link back to any post. Republishing posts in their entirety is prohibited without permission.

Copyright © 2011 - All Rights Reserved - Jessica Jones of Jessica Jones. Jessica is a professional graphic and textile designer.

Please visit her Jessica Jones website @ http://www.jessicajonesdesign.com/ and her How About Orange blog @ http://howaboutorange.blogspot.com/.

Upcycled Holiday Sparkle Earrings Free Tutorial by Alisa Burke

Do you like bangle earrings? If you do you'll be pleased to know that Alisa Burke has a wonderful tutorial showing you how to make upcycled holiday sparkle earrings from metallic wrapping.

upcycled holiday sparkle earrings

Copyright © 2010 - All Rights Reserved - Written by Alisa Burke of Alisa Burke

Here's what Alisa had to say about her tutorial: Before you throw out all that holiday decor, cards and wrapping paper, take a second look- perhaps there is a unique way to recycle or upcycle all that Christmas sparkle? I decided to turn all of my metallic wrapping and decoration into some sparkly earrings- just in time for New Years Eve!

Please respect Alisa's TERMS OF USE:  I work really hard to come up with my art, tutorials, ideas, classes, inspiration and more. Please understand that everything I post on my blog is for your personal use only - not for resale or redistribution. Please contact me if you are interested in using anything that I share online-thank you!!!

For more information on Alisa's Terms of Use please CLICK HERE.

Alisa's Bio: Alisa Burke is a freelance painter and mixed media artist who studied fine art at Portland State University. With a background in painting and printmaking, a desire to explore and push materials, Alisa is always looking for new ways to break the rules and redefine art. She draws inspiration from street art, graffiti, art history and fashion and it is not uncommon to find her digging through the trash in hopes of recycling something unique use in her artwork.

Alisa’s paintings have been exhibited in a variety of galleries and her handmade, painted accessories are carried in a number of boutiques across the country. Her artwork has been featured in publications such as Cloth Paper Scissors, Quilting Arts, Where Women Create, Somerset Studios’ Haute Handbags, Art Doll Quarterly, and the University of San Diego Magazine. In addition to making art, Alisa teaches a variety of workshops nation wide. Alisa appeared as a guest artist on the DIY Network show Craft Lab and book Canvas Remix was released in spring 2008.

Copyright © 2010 - All Rights Reserved - Alisa Burke of Alisa Burke.

Please visit her Alisa Burke website at http://www.alisaburke.com and her Alisa Burke - Redefine Creativity blog at http://www.alisaburke.blogspot.com. Her Alisa Burke Etsy shop is at http://alisaburke.etsy.com.

Important Judgment on Statelessness

Earlier this week, the Grand Chamber of the Court delivered its judgment in the case of Kuric v. Slovenia and found violations of Articles 8, 13 and 14 ECHR. The Court found that Slovenia had violated the rights of a group of residents of Slovenia, by depriving them of their status as permanent residents in the months following Slovenia's declaration of independence in the early 1990s. This measure affected tens of thousands of people which were know as the ''erased'' people. In the Court's view, the measures had disportionately affected Roma and other minorities. The original Chamber judgment (of 2010) in the same case also found violations of the Convention, but the Grand Chamber went even further by finding a violation of the ECHR's non-discrimination provision (Article 14) in conjunction with the right to privacy (Article 8).

Interestingly, this judgment is also a pilot judgment even though the number of similar pending applications before the court is not huge. The Court pointed, however, at the potential influx of cases and indicated that Slovenia should set up a national compensation scheme within a year. In the meantime, the Court decided to adjourn all similar applications.

Click here for the positive assessment of the Open Society Justice Initiative, which submitted a third party intervention in the case. It calls the judgment "an important milestone in strengthening international norms against statelessness."

The Court's press release can be found here.

New Judges Elected in Respect of Sweden, the UK, the Netherlands, the Czech Republic and Poland

Yesterday and today, the Parliamentary Assembly elected five new judges to the European Court of Human Rights. Yesterday, the new Swedish judge was elected: Helena Jäderblom. She is currently a Justice at the Supreme Administrative Court. Today, the four others were elected. For the United Kingdom, Paul Mahoney was elected, currently a member of the board of appeals of the European Space Agency, but much more known probably as one of the European Court of Human Rights' former registrars (2001-2005). For the Netherlands Johannes Silvis was elected, Advocate-General at the Supreme Court of the Netherlands. In respect of the Czech Republic, the new judge will be Aleš Pejchal, a lawyer who represented several applicants before the Court and is currently the vice-president of the Czech Bar Association. Finally, the new Polish judge will be Krzysztof Wojtyczek, professor at Jagiellonian University and senior legal advisor at the Constitutional Court of Poland. Congratulations to all!

One may note from the voting results that some judges were elected by extremely small margins of just one or two votes (in the cases of Poland and the Netherlands respectively). More notable is that elections in respect of several other countries have been delayed. As a progress report of the Bureau of the Parliamentary Assembly of last Monday shows, the procedures for Bosnia and Herzegovina and for the Russian Federation were suspended after one candidate for each withdrew. The authorities of both countries were invited to nominate a new third candidate. Furthermore, the sub-committee of the Assembly responsible for interviewing the candidates rejected the list of candidates for Croatia. It is not clear from the progress report on which basis this happened. To be continued!

My Beautiful Friend

Hello friends. Today I finally decided that the burden of responsibility for running this inestimable blog was too much for one unemployed, alcoholic proofreader. Dlatego, I think it's time to officially give the Article a rest. It seems to me to be a much worse thing to leave it hanging indefinitely, with none of you, oh loyal and sexy readers, knowing when I will strike again before disappearing back into the blog-fog for gods-know-how-long again. You know? It's like when you have a couple of bad dates; it's always much better to call and say, 'Let's not do that again (especially the part with the stray dog and the sleeping wino)' than it is to try to fade out without saying anything.

But fret not, oh gentle, bemused reader. The Bad Article lives on in spirit, and certainly over on Facebook, where I will continue to post related items. I know that lately, that's mostly amounted to a handful of 'humorous' pictures, but divested of the psychic pressure of being a Nobel-winning Internet pundit, I'm sure we'll see some better stuff there. So stay tuned to our Facebook page!

Before I turn out the lights and lock the door, bear in mind that there's a good chance I'll come back here now and then, so think of this as a Sleep Mode rather than a full Shutdown. Most importantly though, I'd like to thank all of you for reading and sticking around this far. It was (and is) a huge pleasure doing this thing. Most of the material here crystallised during my tenure at a Kraków translating agency (which I've long since departed), at which time I wrote it all up as training material for the translators there. Since I exhausted most of that, it's been harder to produce regular, good quality stuff for you, you discerning, diligent dilettantes you. But, as I say, it was fun nonetheless. And consider Part II of our definitive series on article usage as something to look forward to, some sunny day.

Until the next time, au revoir mes ami!

New Version of HUDOC Search Engine Launched

This week the Court launched a new version of the what is probably its key online resource: the HUDOC case-law database, which includes judgments and decisions of the European Court of Human Rights, decisions and reports of the former European Commission of Human Rights and resolutions of the Committee of Ministers. The old version had, although it was still much more user-friendly than most other databases of human rights institutions, become unwieldy by the large number of results that most searches produced. The main asset of this new version is the very easy way through which search results can be narrowed down through filters, which include country, language, level of importance, Convention article, whether a violation was found or not, but even which section of the Court decided in the case or which judges were involved. As in the past, the search engine works in both English and French. For those most accustomed to the standard search functions of the old HUDOC, including searching by application number, I would recommend to click on the option 'Advanced Search'  in the upper right corner.

As the Court's President stated at the launch:

The Court attaches great importance to the effective dissemination of its case-law and we believe that this new version of HUDOC will help legal professionals throughout the Council of Europe States to search the Court’s case-law more rapidly and more efficiently. This makes a major contribution to better domestic implementation of theConvention.

HUDOC, after an extensive and ongoing translation effort in the past few years, now includes over 1500 translations of key judgments in 21 languages. These are now also easily to be found through the new interface - one can simply filter the search results by language (in the menu on the left).

An online manual and video tutorials will be released in the coming weeks. Thanks to Cyprus, Denmark, Germany and Norway who provided the funds for this new version of HUDOC. Enjoy discovering all the new possibilities!

Special Account for the European Court of Human Rights

To be able to do more work, the Court is constantly trying to increase its efficiency, but in addition it still needs additional capacity in terms of personnel. In order to enable that, a new special account for the Ccourt has been announced on which state parties to the ECHR can voluntarily contribute. These will be used to deal with high priority cases more speedily. Although such an initiative is of course welcome, it is also sad that the states are not able to increase the budget of the Court for the same purposes together. This is the press release:

The Secretary General of the Council of Europe and the President of the European Court of Human Rights announce the opening of a special account for the Court and call for voluntary contributions from member
States.

The special account is part of the follow-up to the High Level Conference on the Future of the European Court of Human Rights held in Brighton in April 2012 and the contributions will essentially be used to recruit lawyers to deal with the Court’s backlog of priority cases.

In a joint statement in Strasbourg today the Council of Europe’s Secretary General Thorbjørn Jagland and the Court’s President Sir Nicolas Bratza said: “At the High Level Conference in Brighton a number of States indicated their willingness to provide additional financial support to the Court to assist it with its backlog of cases. The contributions paid into this account will be used where they will have the most effect, that is on the cases which have the most impact in terms of identifying and correcting serious human rights abuses throughout the Council of Europe countries and particularly where the alleged victims have been waiting too long for a decision”.

The aim of the fund is therefore to provide additional resources to eliminate cases at the top of the priority queue. At the moment, some 2,000 priority applications have been pending for more than one year without having been communicated1 to the relevant Government for observations. A further 600 applications were communicated to the Government more than two years ago and are still pending before the Court.

It is, however, open to donor States to stipulate that sums they have contributed should be used for a specific purpose such as dealing with applications against them. The Secretary General and the President further said: “The entry into force of the Single Judge procedure and the adoption of new working methods by the Court’s Registry have already proved highly effective in reducing the backlog of inadmissible cases and therefore the waiting time for applicants with inadmissible applications. We now have to pursue these efforts in relation to other categories of cases.”

Manual on ECHR and the Environment

The Council of Europe has just published the second edition of its ''Manual on Human Rights and the Environment'', both in English and French. The book covers how both the European Court (the largest part of the publication) and the European Committee of Social Rights have dealt with environmental issues. This is the abstract:

Human rights and the environment have become increasingly interconnected. This updated manual seeks to contribute to a better understanding of this relationship by taking into account the new pertinent case law of the European Court of Human Rights. While the European Convention on Human Rights does not guarantee a specific right to a healthy and sound environment, the general standards deriving from it may nonetheless also apply to environmental matters. The European Court of Human Rights regularly examines complaints in which individuals argue that a breach of their Convention rights is the result of adverse environmental factors. 

This manual also takes account of the relevant decisions of the European Committee of Social Rights which has interpreted the right to protection of health under the European Social Charter as including a right to a healthy environment.

Examples of good national practices have been compiled on the basis of the contributions of several member states and included in an appendix to the manual.

The aim is to present the emerging principles on environmental protection in a systematic and accessible way. 

European Parliamentarians Welcome Resuming of EU - Council of Europe Talks

The joint informal body of the Parliamentary Assembly of the Council of Europe and the European Parliament (of the EU) hase welcomed the Committee of Ministers' decision to resume talk on EU accession to the European Convention on Human Rights. In a joint press release, which is aimed at keeping the pressure on swift conclusion of the talks high, the following is stated:

A joint informal body of MEPs and Council of Europe parliamentarians has welcomed the prospect of talks resuming on EU accession to the European Convention on Human Rights (ECHR).


Last week the Committee of Ministers of the Council of Europe decided to pursue negotiations with the EU with a view to finalising the legal instruments setting out the modalities of accession. The high-level political negotiations stalled in the Autumn of 2011 after the completion of most of the technical work on accession.

The two co-chairs of the Joint Informal Body, Pietro Marcenaro and Carlo Casini, said it was “of the utmost importance” that these negotiations reach a speedy conclusion and that the momentum towards an agreement is not lost.

“EU accession to the ECHR is crucial with a view to securing a common space for human rights protection across the European continent,” they said. “It is thus essential that the modalities of such accession are completed at a political level as rapidly as possible, and that all outstanding questions are clarified.”

The two co-chairs recalled that agreement had already been reached on arrangements to ensure the European Parliament’s participation in the sittings of the Parliamentary Assembly when the latter elects judges to the European Court of Human Rights.

They added: “For its part, the Joint Informal Body will continue to follow the negotiations closely in order to take stock of matters and, as appropriate, prompt progress at the political level, offering as it does a useful platform for the two parliamentary institutions to share information and co-operate on issues of common concern.”

The Joint Informal Body, which brings together members of the Parliamentary Assembly of the Council of Europe (PACE) and members of the European Parliament, was holding its third meeting in Paris. It was created in 2011.

Book and Launch on ECHR and Homosexuality

Paul Johnson of the University of York has written a book entitled 'Homosexuality and the European Court on Human Rights' to be published in October by Routledge. This is the abstract:

This is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

The book will be launched on Thursday 1 November at 7pm in bookshop Gay's the Word in London. The author will introduce the book, followed by a discussion. People interested in joining can send an email to paul.johnson at york.ac.uk . Congratulations, Paul!

Progress in EU-ECHR Negotiations?

As MultiRights Blog reports, the negotiations on the European Union's accession to the ECHR seem to have reached a new phase. Last week, the Council of Europe's Committee of Minister instructed the Steering Committee for Human Rights to pursue negotations with the EU in order to finalise the agreement. This, the Committee indicated, should be done without delay. The decisions of the Committee of Ministers can be found here.

New Policy on Reports of Judgments and Decisions

Even though most people will use the HUDOC database these days to find cases, the sheer amount of output of the Strasbourg Court means that authoritative selections of case-law remain very valuable. The Court's own Reports of Judgments and Decisions are the most important source in that respect. Recently, the Court has changed its policy regarding which judgments and decisions it will include in those reports. It will concentrate even more on only the most important decisions and judgments. The jurisconsult of the Court - the person responsible for case-law monitoring and preventing case-law conflicts - has made what the Court calls "a more fine-tuned selection." for 2007-2011 as well as for the first three months of 2012. The lists of selected cases can be found on this special page of the Court's website. It shows, for example, that in the first few months of this year, in the Court's own eyes the most important cases were: Stanev, Von Hannover, Sitaropoulos and Others, Hirsi Jamaa and Others, Konstantin Markin, Aksu, and Austin and Others.

The European Court and International Law

Julian Arato of New York University has published an article on the recourse to international law by the European Court of Human Rights.The article is entitled 'Constitutional Transformation in the ECtHR: Strasbourg's Expansive Recourse to External Rules of International Law' and has been published in the newest issue of the Brooklyn Journal of International Law (vol. 37, no. 2, 2012) and also on ssrn. This is the abstract:

The European Court of Human Rights is a constituted judicial body, established by international treaty among the member States of the Council of Europe. Yet it can hardly be described as a static creature of the Parties. The Court has undergone dramatic constitutional change since its inception, resulting in an organization significantly more autonomous, independent, and robust in its maturity. Certain important changes have been achieved through formal amendment by the Parties. At the same time, however, the constitution of the ECtHR has undergone a quieter, informal kind of development – through the Court’s own practice in the discharge of its normal functions. Change of this latter type may be called constitutional transformation, by contrast to formal constitutional amendment. This paper is about the transformative effect of the Court’s approach to the interpretation of its constituent instrument, the ECHR. More specifically, the focus is on its approach to one particular technique of interpretation, codified at VCLT 31(3)(c) (providing for the consideration of external sources of international law). On the one hand, as is often recognized, the Court relies on the technique to ground a dramatic and evolutive mode of treaty interpretation – expanding the substantive rights of the Convention in light of sources external to it. Yet on the other hand, I want to suggest, the Court gives 31(3)(c) itself an astonishingly broad construction, to justify considering an extraordinary array of external sources – thereby expanding its own material competence to develop the Convention on the basis of developments outside of the Convention. This latter dimension of the Court’s interpretive approach, I argue, has brought about a genuine constitutional transformation.

School Open

School will be open today at the usual time. Please make sure that children have warm clothing and footwear as there is still a lot of snow on the ground.
Please drive safely.

New Issue NQHR

The newest issue (vol. 30. no. 2, June 2012) of the SIM-based Netherlands Quarterly of Human Rights includes two articles relating to the European Convention on Human Rights. In addition, it also features an overview of new ECHR developments under 'Human Rights News'. The two articles are:

* Michael Duttwiler, 'Authority, control and jurisdiction in the extraterritorial application of the European Convention on Human Rights'.
* Vladislava Stoyanova, 'Dancing on the borders of Article 4: human trafficking and the European Court of Human Rights in the Rantsev case'.

School Closure

School Closed again, Thursday 7 June as conditions are too dangerous.

New Articles on ECHR

A number of new academic articles on the European Convention have been published in the last few months. First, the International Journal on Minority and Group Rights includes the article 'The Strasbourg Court and minority groups: shooting in the dark or a new interpretive ethos?' by G. Pentassuglia (vol. 19, no. 1, 2012, pp.1-23).

Secondly, International Legal Materials features an introductory note to European Court of Human Rights (GC): Al-Jedda v. United Kingdom and Al-Skeini & Others v. United Kingdom, by A. Pradhan (vol. 50, no. 6, 2011, pp. 947-1050).

And finally, the George Washington International Law Review (vol. 43, no. 2, 2011/2012) includes two ECHR-related articles: 

* W. Smith, 'Europe to the rescue: the killing of journalists in Russia and the European Court of Human Rights', pp.493-528.
* D. Ziegenfuss, 'Zingari or Italiani? Discrimination against Roma in Italy and the European Court of Human Rights', pp. 555-586.

HRW Expresses Concern on Selection Process Russian Judge

It had earlier escaped my attention, but thanks to a Russian colleague, I was notified that the NGO Human Rights Watch wrote a letter in April to the Parliamentary Assembly of the Council of Europe (PACE) regarding the selection procedure for candidates from the Russian Federation. In this letter it expressed its grave concern over the manner in which the national slection procedure had been conducted and asked PACE to send back the submitted list of three candidates. This is the full text of the letter:

We write to express concern about serious deficiencies in the selection procedure used to select candidates from the Russian Federation for election to the European Court of Human Rights. We believe the procedure used falls far short of the most recent set of Guidelines adopted by the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights (CM(2012)40 final), adopted on March 29, 2012.


We understand that lists of candidates for the European Court of Human Rights submitted by Council of Europe member states are currently before your sub-committee for consideration. Human Rights Watch respectfully urges the sub-committee to return the list of applicants to the government of the Russian Federation to allow for a selection process that is fair, transparent, and in full accordance with the Committee of Minister’s guidelines.

As you may know, Human Rights Watch is an independent, non-partisan, international nongovernmental organization that researches and advocates on human rights issues worldwide. Human Rights Watch has maintained a presence in Moscow since 1991.

In February 2012, the Russian Federation forwarded a list of three candidates for election to the Court, two men and one woman. Although the Committee of Minister’s guidelines were adopted in March, as you know, they build on previous standards set out for states by the Parliamentary Assembly in the context of its responsibility for electing the judges. Human Rights Watch was very disappointed to learn the extent to which the selection process used by the Russian Federation fell short of the standards as have been effectively codified in the Committee of Minister’s guidelines.

First, the contest period in Russia was very brief, only one month, from July 1-August 1, 2011, a period during which many people take summer holidays. No justification was cited for holding the application period for such a short period. The guidelines call for a reasonable period of time for the submission of applications.

Secondly, the guidelines state that “the call for applications should be made widely available to the public, in such a manner that it could reasonably be expected to come to the attention of all or most of the potentially suitable candidates.” The Parliamentary Assembly’s 2004 Recommendation No. 1649 calls for the announcement of the competition to be published in specialized literature. Troublingly, the announcement was published in the specialized newspaper “The Newsletter of the Court of Human Rights,” in August 2011, only after the deadline for accepting applications had passed. The announcement was published in the print edition of the national newspaper Rossiiskaya Gazeta but the announcement did not appear in the online edition and many print subscribers received their copies only in mid-August, after the competition had closed.

Finally, there are some problems with the constitution of the commission empowered to select candidates. The Ministry of Justice issued a decree establishing a commission to select candidates, but the decree was never officially published and thus formally did not enter into force. The commission also failed to achieve a balanced composition. The commission, comprised of only men, did not achieve the gender balance envisioned by the guidelines. The commission was made up entirely of representatives of the Ministry of Foreign Affairs and the office of the Russian Representative at the European Court. It did not include any representatives from civil society organizations or the office of the Ombudsman.

Recalling the Parliamentary Assembly’s caution that “In order for the European Court of Human Rights to continue to inspire confidence, it is vital that the process by which judges are selected and appointed also inspire confidence,” it is clear that the procedure followed in the Russian Federation does not meet the standard. The Parliamentary Assembly has said that in the absence of a real choice among the candidates submitted by a state party to the Convention and in the absence of a fair, transparent and consistent national selection procedure, the Assembly may reject a list. We urge the sub-committee, in the interest of ensuring that all qualified candidates be given an opportunity to apply, and in order to protect confidence in the European Court, to take such a stand now and return the list of applicants to the Russian Federation.

Sincerely,

Hugh Williamson

Executive Director

Europe and Central Asia Division

Pretty Painted Pumpkins Free Tutorial by Alisa Burke

Looking for a little different kind of Fall decoration?  If you are then please check out Alisa Burke's "Pretty Painted Pumpkins Tutorial."  Enjoy.

pretty painted pumpkins tutorial

Copyright © 2010 - All Rights Reserved - Written by Alisa Burke of Alisa Burke

Here's what Alisa had to say about her tutorial: Living in Southern California it is a challenge for me to get into the spirit of traditional fall decor. Though it is raining today, typically this time of year is beautiful- like hang out at the beach beautiful! So when it comes to October/Halloween decor I like to create things that actually feel more summery and will go with the airy cottage feel of our home. I decided that this year I would create pretty little pumpkins in pastel colors full of detail and design.

Please respect Alisa's TERMS OF USE:  I work really hard to come up with my art, tutorials, ideas, classes, inspiration and more. Please understand that everything I post on my blog is for your personal use only - not for resale or redistribution. Please contact me if you are interested in using anything that I share online-thank you!!!

For more information on Alisa's Terms of Use please CLICK HERE.

Alisa's Bio: Alisa Burke is a freelance painter and mixed media artist who studied fine art at Portland State University. With a background in painting and printmaking, a desire to explore and push materials, Alisa is always looking for new ways to break the rules and redefine art. She draws inspiration from street art, graffiti, art history and fashion and it is not uncommon to find her digging through the trash in hopes of recycling something unique use in her artwork.

Alisa’s paintings have been exhibited in a variety of galleries and her handmade, painted accessories are carried in a number of boutiques across the country. Her artwork has been featured in publications such as Cloth Paper Scissors, Quilting Arts, Where Women Create, Somerset Studios’ Haute Handbags, Art Doll Quarterly, and the University of San Diego Magazine. In addition to making art, Alisa teaches a variety of workshops nation wide. Alisa appeared as a guest artist on the DIY Network show Craft Lab and book Canvas Remix was released in spring 2008.

Copyright © 2010 - All Rights Reserved - Alisa Burke of Alisa Burke.

Please visit her Alisa Burke website at http://www.alisaburke.com and her Alisa Burke - Redefine Creativity blog at http://www.alisaburke.blogspot.com. Her Alisa Burke Etsy shop is at http://alisaburke.etsy.com.

Last Minute Fall Leaves Centerpiece and Paper Leaves Fall Wreath Free Tutorials by Alisa Burke

As mentioned previously I LOVE decorating for Fall and Alisa Burke has two wonderful ideas for Fall decorating -  wonderful and colorful Fall centerpiece and a wonderful and colorful Fall wreath.  I'm definitely going to have to try both of these.  How about you?

last minute felt leaves centerpiece

Copyright © 2010 - All Rights Reserved - Written by Alisa Burke of Alisa Burke

Here's what Alisa had to say about her tutorial: I needed some last minute decorations for the weekend and while it would have been really easy to just make a trip to Target, I decided to put more of my felt scraps to use to make a colorful, free form, felt leaves centerpiece for our table.

paper leaves fall wreath tutorial

Copyright © 2010 - All Rights Reserved - Written by Alisa Burke of Alisa Burke

Here's what Alisa had to say about her tutorial: We are heading into my favorite time of year- fall and then winter- and I have SO many fun ideas and tutorials to share! If you are a regular reader then you know that I love coming up with unique wreaths to celebrate seasons and holidays. Since we are already into October (can you believe it?) I am kicking off my fall tutorials and inspiration with a simple and sweet idea that makes use of the most accessible supplies.

Please respect Alisa's TERMS OF USE:  I work really hard to come up with my art, tutorials, ideas, classes, inspiration and more. Please understand that everything I post on my blog is for your personal use only - not for resale or redistribution. Please contact me if you are interested in using anything that I share online-thank you!!!

For more information on Alisa's Terms of Use please CLICK HERE.

Alisa's Bio: Alisa Burke is a freelance painter and mixed media artist who studied fine art at Portland State University. With a background in painting and printmaking, a desire to explore and push materials, Alisa is always looking for new ways to break the rules and redefine art. She draws inspiration from street art, graffiti, art history and fashion and it is not uncommon to find her digging through the trash in hopes of recycling something unique use in her artwork.

Alisa’s paintings have been exhibited in a variety of galleries and her handmade, painted accessories are carried in a number of boutiques across the country. Her artwork has been featured in publications such as Cloth Paper Scissors, Quilting Arts, Where Women Create, Somerset Studios’ Haute Handbags, Art Doll Quarterly, and the University of San Diego Magazine. In addition to making art, Alisa teaches a variety of workshops nation wide. Alisa appeared as a guest artist on the DIY Network show Craft Lab and book Canvas Remix was released in spring 2008.

Copyright © 2010 - All Rights Reserved - Alisa Burke of Alisa Burke.

Please visit her Alisa Burke website at http://www.alisaburke.com and her Alisa Burke - Redefine Creativity blog at http://www.alisaburke.blogspot.com. Her Alisa Burke Etsy shop is at http://alisaburke.etsy.com.

Sketchbook Pumpkins Free Tutorial by Alisa Burke

Fall is my favorite season so I'm always looking for wonderful and colorful ways to decorate my home.  So, I was pleasantly surprised to find Alisa Burke had a wonderful tutorial for creating sketchbook pumpkins.  I'll definitely have to give this a try.

sketchbook pumpkins

Copyright © 2011 - All Rights Reserved - Written by Alisa Burke of Alisa Burke

Here's what Alisa had to say about her tutorial: It's no secret that sketching is a big part of my daily creative routine and this year I decided that I would use that concept in my fall pumpkin decorating. I am not big on traditional jack o'lanterns and I always like to find unique ways to decorate pumpkins and gourds.

Please respect Alisa's TERMS OF USE:  I work really hard to come up with my art, tutorials, ideas, classes, inspiration and more. Please understand that everything I post on my blog is for your personal use only - not for resale or redistribution. Please contact me if you are interested in using anything that I share online-thank you!!!

For more information on Alisa's Terms of Use please CLICK HERE.

Alisa's Bio: Alisa Burke is a freelance painter and mixed media artist who studied fine art at Portland State University. With a background in painting and printmaking, a desire to explore and push materials, Alisa is always looking for new ways to break the rules and redefine art. She draws inspiration from street art, graffiti, art history and fashion and it is not uncommon to find her digging through the trash in hopes of recycling something unique use in her artwork.

Alisa’s paintings have been exhibited in a variety of galleries and her handmade, painted accessories are carried in a number of boutiques across the country. Her artwork has been featured in publications such as Cloth Paper Scissors, Quilting Arts, Where Women Create, Somerset Studios’ Haute Handbags, Art Doll Quarterly, and the University of San Diego Magazine. In addition to making art, Alisa teaches a variety of workshops nation wide. Alisa appeared as a guest artist on the DIY Network show Craft Lab and book Canvas Remix was released in spring 2008.

Copyright © 2011 - All Rights Reserved - Alisa Burke of Alisa Burke.

Please visit her Alisa Burke website at http://www.alisaburke.com and her Alisa Burke - Redefine Creativity blog at http://www.alisaburke.blogspot.com. Her Alisa Burke Etsy shop is at http://alisaburke.etsy.com.