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Human Rights and the End of EmpireBritain and the Genesis of the European Convention$
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A. W Brian Simpson

Print publication date: 2004

Print ISBN-13: 9780199267897

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199267897.001.0001

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The Conclusion of Negotiations and the Rearguard Action

The Conclusion of Negotiations and the Rearguard Action

Chapter:
(p.711) 14 The Conclusion of Negotiations and the Rearguard Action
Source:
Human Rights and the End of Empire
Author(s):

A. W. BRAIN SIMPSON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199267897.003.0014

This chapter describes the conclusion of the negotiations which produced the text of the European Convention, signed on 4 November 1950 in Rome. The final text reflected a number of compromises, most importantly between those who wanted a system of juridical protection, based ultimately on binding decisions from a court of human rights, and a right of individual petition, those who, like the UK, were not prepared to accept the loss of sovereignty which this would involve. Hence, acceptance of the court and right of individual petition was made optional. The chapter also describes the somewhat belated opposition to the acceptance of the convention led by Lord Chancellor Jowitt, and the steps whereby in spite of his opposition, and unease from other members of the British cabinet, the text, with its compromises, was accepted by the UK.

Keywords:   European Convention, Rome, court, individual petition, sovereignty, Jowitt, cabinet

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