Minorities rights under International law – why does international law justify or create limits to ethnicity-based NTA?

STSM title: Minorities rights under International law – why does international law justify or create limits to ethnicity-based NTA?
STSM start and end date: 05/09/2022 to 30/09/2022
Grantee name: Jiři Valdhans
Host institution: Institut Pravnih Znanosti, Raziskave in Razvoj na Podrocju Prava
Home institution: Masaryk University, Faculty of Law

Description of the work carried out during the grant:

The STSM followed as planned. No changes in the initially developed plan have occurred.

(i) The first phase will cover: data and literature collection on the topic of the STSM, the conceptual and methodological design of the policy paper as well as the scientific paper, and the selection of the journal for publication and other arrangements such as the definition of the means to access materials.

(ii) The second phase will involve the comparative analysis of findings, and the critical analysis of existing legislation. Regulations on the recognition and enforcement of foreign decisions were analysed, as well as a critical analysis of the decision of the ECtHR in Molla Sali vs. Greece.

(iii) The final phase of the research focused on the drafting of a policy paper.

(iv) A paper entitled “ Limits to the recognition and enforcement of foreign decisions arising from Sharia Courts – the case of plural internal legislative conflicts”

Description of the main results obtained:

The main achievements of the short-term scientific mission are:

(i) A draft paper on the limits to the recognition and enforcement of foreign decisions, following several EU Regulations and the matter, imposed on Sharia-based decisions.

(ii) literature and analytical basis the paper, as well as the analysis of cases of request for recognition and enforcement of foreign Sharia-based court decisions.

(iii) Extension of the personal and institutional academic network through targeted contacts within the host institution on the themes of private international law and NTA.

The contribution of the STSM to the Action’s objectives and deliverables can be described as follows:

(i) In line with deliverable 9 of the Action, the STSM will produce a policy brief to target several different stakeholders;

(ii) It will contribute to the literature on new areas of application

(iii) It will share bottom-up insights into the limits imposed by PIL on the recognition and enforcement of foreign decisions.