General Issues in International and European Law

• Author: Gentian Zyberi
• Position: Associate Professor, Norwegian Centre for Human Rights, Faculty of Law, University of Oslo (Norway)
• Pages: 1-4

Gentian Zyberi, ‘General Issues in International and European Law’ (2015)

31(81) Utrecht Journal of International and European Law 1, DOI: http://

dx.doi.org/10.5334/ujiel.dj

EDITORIAL

General Issues in International and European Law

Gentian Zyberi*

Keywords: Oviedo Convention on Human Rights and Biomedicine; Treaty interpretation; Voting

rights; Participatory democracy; Non-discrimination; Aarhus Convention; Aarhus Regulation;

Environmental protection;

Plaumann-test

; European private law; Consumer law; Legal culture

and identity; International humanitarian law; Deprivation of liberty; Armed conict; EU public

law; Constitutional law; War on terror; Detention; Targeting; European Court of Human Rights;

European Convention on Human Rights; European Union; EU accession

I. Introduction

As a former editor of the predecessor to this journal, namely Merkourios, it gives me great pleasure to

write the editorial for the 81st issue of the Utrecht Journal of International and European Law (“UJIEL”) on

‘General Issues in International and European Law’. After first providing a general overview of the materials

contained in this issue, I will briefly highlight some of the main points made in, the five articles, the case

note, two book reviews, and the interview.

II. The Content of this General Issue

This issue of UJIEL deals with several important legal issues which cover different areas of international and

European law, including human rights, environmental law, European private law and legal culture and iden-

tity, for which the various authors can be praised for the carefully crafted insights and the depth of the legal

analysis. The issue contains five articles each addressing different legal issues, including how the ECtHR’s

case law deals with specific biomedical issues, the responsibility of governments to ensure their citizens

voting rights, ensuring non-discrimination in the workplace in the Ireland, environmental protection in the

EU and access to relevant remedies, in addition to European private law and the development of a common

legal culture and identity. Complimenting the aforementioned research subjects, a case note covers a brief

analysis of Hassan v United Kingdom. Subsequently, there follow two book reviews, one on ‘The Eurozone

Crisis: A Constitutional Analysis’ by Kaarlo Tuori and Klaus Tuori and the other on ‘The War on Terror and the

Laws of War: A Military Perspective’, edited by Geoffrey S. Corn and colleagues. Finally, the issue closes with

an interview of David Thór Björgvinsson, former judge of the European Court of Human Rights (“ECtHR”)

focusing on the effects of the Opinion of the Court of Justice of the European Union (“CJEU”) on the EU’s

accession to the European Convention on Human Rights (“ECHR”). Next to Professor Björgvinsson’s view on

the process of EU accession to the ECHR, the interview contains a fascinating insider’s view on the function-

ing of the ECtHR and its overall role in ensuring respect for human rights in Europe.

III. Articles

In his article, Francesco Seatzu focuses on the use of the ECHR and Biomedicine (“Oviedo Convention”) by

the ECtHR in case law dealing with specific biomedical issues.1 Interestingly, Article 29 of the Oviedo Con-

vention expands the advisory jurisdiction of the ECtHR to include legal questions concerning the interpreta-

tion of the Oviedo Convention itself. Seatzu suggests that while the protection systems established under

the ECHR and under the Oviedo Convention are separate, the latter might be used interpretatively to specify

and expand the scope of the provisions of ECHR, consistent with the unwritten rule that reference should

be made to the source that provides the higher standards of protection of human health.2 With continuous

* Associate Professor, Norwegian Centre for Human Rights, Faculty of Law, University of Oslo (Norway).

1

Francesco Seatzu, ‘The Experience of the European Court of Human Rights with the European Convention on Human Rights and

Biomedicine’(2015) 31(81) Utrecht Journal of International and European Law 5-6.

2

ibid 14.

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