AbstractsLaw & Legal Studies

Abstract

Derogation is an option for temporary suspension of certain obligations in situations of emergency. The subject of this thesis is States’ derogation from obligations under the European Convention on Human Rights (hereinafter the ECHR) in the particular situation where the ECHR applies extraterritorially to Contracting Parties’ conduct in peace operations with a mandate from the United Nations. The thesis first examines the conditions for extraterritorial application of the ECHR. On the assumption that the ECHR applies extraterritorially in a UN-mandated peace operation, the thesis examines whether extraterritorial derogation – defined as derogation with effect to obligations abroad and based on an emergency occurring in the host country of a peace operation - is permitted pursuant to Article 15 ECHR.