David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
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This article explores the evolution of the European Convention [of Human Rights]applicability in private law through the developmentof the conceptof positive obligationson state parties arising under the Convention. The article exploresthe caselaw of the European Court of Human Rights primarily through the caseof Pla and Puncernau v Andorra, looking at the law of interpretation and the regulation of private transactions through the principles of "horizontal effect" and the Convention as a "living instrument", concluding with observations concerning the legitimacy of the European Court's position on this issue.
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