State Obligation to execute judments in the European Convention on Human Rights

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380067
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Kyoto Women's University
• Principal Investigator: MAEDA NAOKO 京都女子大学, 法学部, 准教授 (80353514)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 国際人権法 / ヨーロッパ人権条約 / 判決履行 / 国家義務

Outline of Final Research Achievements

The European Convention on Human Rights (ECHR) provides that the High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties (article 46(1)). Alongside, the provision articulates supervision of execution of judgments by the Parties concerned (article 46(2)-(5)). This reinforcement consists of judicial and political aspects. The question remains, however, what is legal basis of the obligation to execute of judgments “with the specified measures”. The obligation has been developed with the biding of judgments and the existence of supervisory functions. Some Parties have difficulties in executing judgments, and it may lead to spoil credibility to the machinery for implementation under the ECHR.

Free Research Field

国際法学