Fairness in the practice of international law and organisations : the Council of Europe’s perspective

Abstract

This paper considers how the principle of fairness is incorporated within the framework of the Council of Europe. It first explores how the principle is embedded within the internal procedures and practices of the organisation. The paper then turns to the expulsion of the Russian Federation from the organisation, including its legal consequences in relation to Council of Europe (“CoE”, “the organisation”) conventions. Finally, it discusses the interpretation and application of this principle in the jurisprudence of the European Court of Human Rights. The foregoing analysis is conducted by reference to recognised indicators of fairness and rule legitimacy.