The Interpretation and Application of the Concept "The Jurisdiction of the State" under Article 1 of the European Convention on Human Rights: Aspects Generating the Imputability to the States Parties

Abstract

The concept of the "jurisdiction of the State" is enshrined in Article 1 of the European Convention on Human Rights, which stipulates the obligation to respect human rights. "State jurisdiction" also impacts the effective application of the Convention, as it consists of the aspects that generate imputability to the States Parties. Our research has examined the “state jurisdiction” concept under international law. The peculiarities of Article 1 of the Convention and its relation with relevant Articles have been given appropriately. The case-law on the concept of the "state jurisdiction" is analysed, and the very comprehensive and appropriate concept of the "state jurisdiction" is tried to be given. The thesis provides a chronological examination of the case-law of the ECtHR. Considering the case-law of the Court, the concept of the "state jurisdiction" has been constantly expanded. Initially, such expansion has led to the expansion of the obligations that the States Parties have undertaken by signing and ratifying the Convention and its relevant Protocols. Consequently, this work recommends States Parties to perform due diligence when they exercise de facto or de jure actual authority.