Reparation and enforcement of judgments : a comparative analysis of the European and Inter-American human rights systems

The inter-American human rights system has been conceived following the example of the European system under the European Convention on Human Rights (ECHR) before it was modified by Protocol No 11. However, two important differences exist. First, the authority of the European Court of Human Rights (ECtHR) to order reparation has been strictly limited by the principle of subsidiarity. Thus, the ECtHR's main function is to determine whether the ECHR has been violated. Beyond the declaratory effect of its judgments, according to Article 41 ECHR, it may only "afford just satisfaction to the injured party". The powers of the Inter-American Court of Human Rights (IACtHR) were conceived in a much broader fashion in Article 63 of the American Convention on Human Rights (ACHR), giving the Court the authority to order a variety of individual and general measures aimed at obtaining restitutio in integrum. The first main part of this thesis shows how both Courts have developed their reparation practice and examines the advantages and disadvantages of each approach. Secondly, the ECtHR's rather limited reparation powers have, interestingly, been combined with an elaborate implementation system that includes several of the Council of Europe's organs, principally the Committee of Ministers. In the Inter-American System, no dedicated mechanism was implemented to oversee compliance with the IACtHR's judgments. The ACHR limits itself to inviting the Court to point out in its annual reports the cases that have not been complied with and to propose measures to be adopted by the General Assembly of the Organization of American States. The General Assembly, however, hardly ever took action. The IACtHR has therefore filled this gap by developing a proper procedure to oversee compliance with its judgments. Both the European and the American solutions to ensure compliance are presented and compared in the second main part of this thesis. Finally, based on the results of both main parts, a comparative analysis of the reparation practice and the execution results in both human rights systems is being provided, aimed at developing proposals for the improvement of the functioning of either human rights protection system.

European phylogeography of the coastal plants Cakile maritima Scop. (Brassicaceae) and Eryngium maritimum L. (Apiaceae)

Linear dispersal systems, such as coastal habitats, are well suited for phylogeographic studies because of their low spatial complexity compared to three dimensional habitats. Widely distributed coastal plant species additionally show azonal and often essentially continuous distributions. These properties, firstly, make it easier to reconstruct historical distributions of coastal plants and, secondly, make it more likely that present distributions contain both Quaternary refugia and recently colonized areas. Taken together this makes it easier to formulate phylogeographic hypotheses. This work investigated the phylogeography of Cakile maritima and Eryngium maritimum, two species growing in sandy habitats along the north Atlantic Ocean and the Mediterranean Sea coasts on two different spatial scales using AFLP data. The genetic structure of these species was investigated by sampling single individuals along most of their distributions from Turkey to south Sweden. On a regional scale the population genetic structure of both species was also studied in detail in the Bosporus and Dardanelles straits, the Strait of Gibraltar and along a continuous stretch of dunes in western France. Additionally, populations of C. maritima were investigated in the Baltic Sea/Kattegat/North Sea area. Over the complete sampling range the species show both differences and similarities in their genetic structure. In the Mediterranean Sea, both species contain Aegean Sea/Black Sea and west Mediterranean clusters. Cakile maritima additionally shows a clustering of Ionian Sea/Adriatic Sea collections. Further, both species show a subdivision of Atlantic Ocean/North Sea/Baltic Sea material from Mediterranean. Within the Atlantic Ocean group, C. maritima from the Baltic Sea and the most northern Atlantic localities form an additional cluster while no such substructure was found in E. maritimum. In all three instances where population genetic investigations of both species were performed in the same area, the results showed almost complete congruency of spatial genetic patterns. In the Aegean/Black Sea/Marmara region a subdivision of populations into a Black Sea, a Sea of Marmara and an Aegean Sea group is shared by both species. In addition the Sea of Marmara populations are more close to the Aegean Sea populations than they are to the Black Sea populations in both cases. Populations from the Atlantic side of the Strait of Gibraltar are differentiated from those on the Mediterranean side in both species, a pattern that confirms the results of the wide scale study. Along the dunes of West France no clear genetic structure could be detected in any of the species. Additionally, the results from the Baltic Sea/North Sea populations of C. maritima did not reveal any geographical genetic pattern. It is postulated that the many congruencies between the species are mainly due to a predominantly sea water mediated seed dispersal in both species and their shared sandy habitat. The results are compared to hypothetical distributions for the last glacial maximum based on species specific temperature requirements. It is argued that in both species the geographical borders of the clusters in the Mediterranean area were not affected by quaternary temperature changes and that the Aegean/Black Sea/Marmara cluster, and possibly the Ionian Sea/Adriatic Sea cluster in C. maritima, is the result of sea currents that isolate these basins from the rest of the sampled areas. The genetic gap in the Strait of Gibraltar between Atlantic Ocean and Mediterranean Sea populations in both species is also explained in terms of sea currents. The existence of three subgroups corresponding to the Aegean Sea, Black Sea and Sea of Marmara basins is suggested to have arisen due to geographical isolation during periods of global sea regressions in the glacials. The population genetic evidence was inconclusive regarding the Baltic Sea cluster of C. Maritima from the wide scale study. The results of this study are very similar to those of an investigation of three other coastal plant species over a similar range. This suggests that the phylo-geographic patterns of widespread coastal plants may be more predictable than those of other terrestrial plants.