Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v Ireland, App. No. 45036/98, European Court of Human Rights, 30 June 2005

Tobias Lock

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

Bosphorus is relevant in that the European Court of Human Rights (ECtHR) introduced the so-called Bosphorus presumption: if a member state of an organization acted in compliance with an obligation arising from its membership and had no discretion, there is a rebuttable presumption that the member state has complied with its obligations under the European Convention on Human Rights provided that the organization itself ensures a protection of fundamental rights equivalent to what the Convention requires. If that is so, the presumption can only be rebutted if this protection was manifestly deficient.
Original languageEnglish
Title of host publicationJudicial Decisions on the Law of International Organizations
EditorsCedric Ryngaert, Ige F Dekker, Ramses A Wessel, Jan Wouters
Place of PublicationOxford
PublisherOxford University Press
Pages309-318
ISBN (Print)9780198743613, 9780198743620
Publication statusPublished - 10 Mar 2016

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