Hakutulokset
- Kaikilla sanoilla
- Stefan Kirchner
- Lakikirjasto > ArtikkelitKirchner, Stefan: European Court of Human Rights creates new two-stage test on extradition in life imprisonment cases29.3.2023Extraditions to states that apply the death penalty have long been the subject of cases before the European Court of Human Rights (ECtHR). The ruling of the ECtHR in Soering v. the United Kingdom has long been a landmark judgment. In addition to the right to life in Article 2 of the European Convention on Human Rights (ECHR), the core of these cases was the prohibition of torture and inhuman or degrading treatment enshrined in Article 3 of the ECHR. Around the turn of the century, this...
- Lakikirjasto > ArtikkelitKirchner, Stefan: Vessel-Source Pollution at Sea as a Multidimensional Regulatory Concern17.1.2023Ship operations pose risks for people and cargo on board as well as for others, including coastal communities. Insurance schemes have long played a role in mitigating risks and insurance companies have long exerted pressure on their clients to take measures aimed at reducing the risk of disasters at sea. In recent decades, States have begun to utilize the small and highly specialized maritime insurance industry to enhance maritime safety. A number of international treaties oblige states, in...
- Lakikirjasto > ArtikkelitStefan Kirchner: Russia After the European Convention on Human Rights2.5.2022The Council of Europe (COE) has ended the membership of the Russian Federation. This will have implications for Russia’s international legal obligations, in particular under the European Convention on Human Rights (ECHR). While the step was necessary, it will make Russia’s eventual transition to democracy more difficult. In this text, utilizing the text of the Convention, academic literature and case law, it will be shown that the protections provided by the European Convention on Human Rights...
- Lakikirjasto > ArtikkelitKirchner, Stefan: The COVID-19 Pandemic and the European Court of Human Rights7.12.2020, Edilex-sarja 2020/44The COVID-19 pandemic continues to lead to significant human rights challenges, from the duty of States to take positive action to safeguard the right to health to temporary restrictions on rights such as the freedom of assembly, which are deemed necessary to limit the spread of the SARS-CoV-2 virus. Usually, emerging issues only reach the European Court of Human Rights after some time because, with the exception of applications for interim relief, the European Convention on Human Rights...
- Lakikirjasto > ArtikkelitKirchner, Stefan: COVID-19 on Cruise Ships: Legal Options for Coastal States17.3.2020, Edilex-sarja 2020/11The outbreak of the novel coronavirus disease, COVID-19, is posing challenges for a large number of states affected by it. The transmission of infectious diseases can be particularly rampant and rapid where a large number of people share a confined space, as is the case on cruise ships. With thousands of passengers from different countries who visit multiple locations in a short time, cruise ships are now seen as a threat to public health. The case of the COVID-19 infections on board the...
- Lakikirjasto > ArtikkelitKirchner, Stefan: Protecting the Marine Environment of Non-Polar Ice-Covered Seas28.1.2020, Edilex-sarja 2020/5The warming and reduction of sea ice cover in Arctic and Subarctic waters not only posed a direct threat to Arctic wildlife but also allows for more human activities which in turn lead to more threats to flora and fauna in the North. The increasing number of infrastructure projects in Northern Finland, Norway and Sweden and their impact on local reindeer populations is a case in point. In this text it will be shown how coastal states can utilize international law in order to protect the marine...
- Lakikirjasto > ArtikkelitKirchner, Stefan: Climate Change and the European Convention on Human Rights27.11.2018, Edilex-sarja 2018/40On 9 October 2018, the Court of Appeal (Gerechtshof) in the Hague upheld a 2015 decision in the Urgenda case which forced the government of the Netherlands to reduce greenhouse gas emissions by 25 % from the level of emissions which existed in 1990 until no later than the end of 2020. This is a landmark decision that has already received attention globally. Although the timing of the decision is coincidental, the fact that it came just a day after the latest report by the Intergovernmental...
- Lakikirjasto > ArtikkelitKirchner, Stefan: Climate Change in the Arctic: Threats and Opportunities – Also for Lawyers6.11.2018, Edilex-sarja 2018/37The Arctic landscape is a major source of both traditional and modern business, such as shipping, tourism, natural resource extraction as well as livelihoods of the indigenous peoples. These industrial operatives in the Arctic region will require new legislation to deal with the new challenges as their landscape continues to be altered by the climate change. This article aims to explore previous legislative initiatives in the Arctic region as well as introducing potential situations for future...
- Lakikirjasto > ArtikkelitKirchner, Stefan: Baltic Cause and Arctic Effect – Potential International Legal Implications of a Recent Russian Military Exercise6.6.2018, Edilex-sarja 2018/16In early 2018 it was reported that the Russian Navy had conducted live fire missile tests in Latvia’s Exclusive Economic Zone (EEZ), which forced Latvia to partially close the airspace in the area. This raises the question whether such tests are actually permissible under international law, but this text tries to answer two more precise questions: (1) did Russia violate Latvian rights under international law? and (2) which lessons can be learned by Arctic coastal States? While the former...
- Lakikirjasto > ArtikkelitKirchner, Stefan: Lis alibi pendens in International Human Rights Litigation2.3.2018International law provides a large number of ways to claim human rights in international institutions on the global as well as on the regional level. There is a general principle of law according to which one court (or similar body) will not hear a case which is currently pending before another such body (lis alibi pendens). International human rights bodies, though, employ different approaches to this principle, excluding in some cases even all issues, which have ever been dealt with by any...
- Uutiset
3.5.2022 11.50
Vierashuoneessa professori Stefan Kirchner: The Arctic Council and the Council of Europe – Reactions to Russia’s WarAlthough it is part of a that has been ongoing since 2014, the invasion of Ukraine by Russia that began on 24 February 2022 provides a historical marker. The invasion and the war crimes and crimes against humanity that continue to be committed by Russian forces in Ukraine have already impacted international relations more dramatically than any other event since the end of the Cold War. 24 February 2022 marks the end of the post-Cold War era and will likely be seen as a historical date on par with the fall of the Berlin Wall on 9 November 1989. In this short text, it will be shown how reactions by other states to Russia’s illegal war against Ukraine is impacting international cooperation and human rights. - Uutiset
2.8.2021 11.45
Vierashuoneessa Prof. Dr. Stefan Kirchner, MJI, RA: Protocol 15 to the European Convention on Human Rights had entered into forceOn 1 August 2021, Protocol 15 (P15) to the European Convention on Human Rights (ECHR) entered into force. Unlike some of the other protocols to the ECHR, that add to the Convention, P15 has led to substantial changes of the text of the ECHR. Many of these changes finally codify developments which have been in the making for decades. - Uutiset
6.10.2020 11.31
Vierashuoneessa apulaisprofessori Stefan Kirchner: Ensuring Human Safety as a Universal Duty of the State after Kotilainen and others v. FinlandIn its judgment of 17 September 2020 in the case of Kotilainen and others v. Finland, the European Court of Human Rights (ECtHR) found that Finland had violated the right to life under Article 2 of the European Convention on Human Rights (ECHR) by failing to take more action to prevent a mass murder. The judgment in hardly brings new obligations but serves as a reminder that human rights are to be realized first and foremost on the local level, something requiring an active state. Taking positive measures to protect human life against threats of a specific or general nature is the duty of the state and all its organs on the national, regional and local levels. None of these findings should be surprising as they are entirely consistent with the earlier case law of the European Court of Human Rights. - Uutiset
19.5.2020 11.30
Vierashuoneessa apulaisprofessori Stefan Kirchner: Biosidioikeus ja COVID-19 – Saksan ja EU:n näkymätCOVID-19-pandemia johtaa vakaviin ihmisoikeusrajoituksiin kansanterveyden suojelemiseksi. Samanaikaisesti joitain oikeudellisia normeja heikennetään tehokkaan taudin torjunnan mahdollistamiseksi. Useissa maissa, myös Saksassa, desinfiointiaineiden tuotantoa koskevia säännöksiä on madallettu, jotta voidaan helpottaa SARS-CoV-2-viruksen tuhoamiseen tarvittavien desinfiointiaineiden tuotannon lisäämistä sekä yksityisissä ympäristöissä että terveydenhuollon laitoksissa. Jotkut säännöt ovat tarpeen sellaisten desinfiointiaineiden turvallisuuden ja laadun varmistamiseksi, joita nyt valmistavat myös yritykset, jotka saapuivat desinfiointiaineiden markkinoille vasta äskettäin. Korona-asiasta kirjoittaa apulaisprofessori Stefan Kirchner Edilexin Vierashuoneessa. - Uutiset
17.10.2018 11.30
Vierashuoneessa Assoc. Prof. Stefan Kirchner: Climate Change Litigation has a future in public lawA recent court case in the Netherlands shows that climate change litigation has a significant potential to force states to reduce greenhouse gas emissions. While the current international climate law framework, formed mainly by the 2015 Paris Agreement, is dependent on the political will of governments, strategic climate change litigation based on international human rights treaties such as the European Convention on Human Rights is emerging as a powerful legal tool. - Lakikirjasto > ArtikkelitKirchner, Stefan: Children’s Right to Health and COVID-19: A Debate Abroad Creates New Opportunities for Finnish Lawyers8.10.2020, Edilex-sarja 2020/40The COVID-19 pandemic is creating multiple challenges, ranging from the provision of health care services to the economy to human rights. Among the issues is the question of schooling. As schools have reopened across Europe after the summer, the number of COVID-19 cases has exploded in many places. Despite these risks, students are required to attend school, although measures employed in other areas, such as physical distancing or the wearing of masks, are not required in elementary schools. At...
- Lakikirjasto > Ympäristöpolitiikan ja -oikeuden vuosikirjaYmpäristöpolitiikan ja -oikeuden vuosikirja XII 2019
- Lakikirjasto > Ympäristöpolitiikan ja -oikeuden vuosikirjaLeino, Johanna: Yhteishallinnan mahdollisuuksista SuomessaYmpäristöpolitiikan ja -oikeuden vuosikirja XII 2019 s. 346 – 379, Muu kirjoitus
- Lakikirjasto > LakimiesLakimies 1/2021
- Oikeuskäytäntö > EU-tuomioistuimen ratkaisut Asia C-208/00 5.11.2002