'Hard power 'and the European Convention on Human Rights

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'Hard power 'and the European Convention on Human Rights

Type: Doctoral Thesis
Title: 'Hard power 'and the European Convention on Human Rights
Author: Kempees, P.M.
Issue Date: 2019-06-18
Abstract: The expression ‘Hard power’ - which is borrowed from the study of international relations – is here defined as the use of (especially military) force in armed conflict or law enforcement, or of economic sanctions. The object of this study is to determine whether the European Convention on Human Rights (ECHR) imposes undue restrictions on the freedom of action of contracting States when they have to resort to ‘hard power’. Taking the procedural perspective of a respondent Party in the European Court of Human Rights, it examines a variety of ‘defences’ that may be invoked. It identifies ‘defences’ that have the potential to be successful and the parameters for their use. It is shown that the ECHR leaves States sufficient latitude to pursue their legitimate policy objectives, provided that they act within the limits of international law. This study is relevant to classical warfare but also to modern expressions of ‘hard power’ such as international action to counter terrorism and piracy, peace enforcing and peacekeeping, hybrid warfare and cyber-attacks.
Promotor: Supervisor: Lawson R.A. , Duffy H.
Faculty: Faculty of Law
University: Leiden University
Handle: http://hdl.handle.net/1887/74051
 

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application/pdf Summary in Dutch 656.2Kb View/Open
application/pdf References_Curriculum Vitae 677.0Kb View/Open
application/pdf Propositions 482.9Kb View/Open

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