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Published online by Cambridge University Press: 01 January 2021
International organizations — Powers — Division of powers between organization and Member States — European Patent Office — Transfer of powers to Organization from Member States — Whether compatible with European Convention on Human Rights — Decision by Organization not to renew patent application because of non-payment of fees — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention — Whether manner in which powers exercised by international organizations could be subject of complaint to European Commission of Human Rights
Human rights — Scope of protection within international organizations — Requirement that international organizations respect fundamental rights guaranteed by European Convention on Human Rights — Whether procedural safeguards contained in European Patent Convention are adequate — Relevance of existence of appeals procedure
Human rights — State responsibility — Decisions taken by international organization — Alleged human rights violation — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention on Human Rights — Whether transfer of powers to international organization necessarily excluding State responsibility for the exercise of those powers — Scope of applicability of Convention guarantees
Treaties — Conclusion and operation — Multilateral treaties — Effect of subsequent treaty on obligations entered into under earlier treaty — Whether Contracting States may be answerable where conclusion of later treaty disables them from performing their obligations under earlier treaty
International tribunals — European Commission of Human Rights — Jurisdiction — Procedures of European Patent Office — Whether Commission competent to examine compatibility of those procedures with European Convention on Human Rights