ECHR: Yukos v Russia

Essential reading:

Wikpedia. Yukos shareholders vs. Russia: Claim in the European Court of Human Rights (EHCR)

http://en.wikipedia.org/wiki/Yukos_shareholders_vs._Russia#Claim_in_the_European_Court_of_Human_Rights_.28EHCR.29

Russia violated rights of Yukos oil company, rules European court

http://www.theguardian.com/world/2011/sep/20/russia-violated-yukos-rights-court

Reuters. European court rules Russia must pay Yukos shareholders 1.9 billion euros

http://uk.reuters.com/article/2014/07/31/uk-russia-yukos-echr-idUKKBN0G00QO20140731

Additional reading:

Analysis of the ECHR judgment in the YUKOS case

http://echrrussia.blogspot.co.uk/2011/09/analysis-of-echr-judgment-in-yukos-case.html

Technical reading:

ECHR. OAO Neftyanaya Kompaniya Yukos v. Russia (Application no. 14902/04).

Judgment (Merits). 20 September 2011.

See, in particular: Partly Dissenting Opinion of Judge Bushev, Joined In Part by Judge Hajiyev

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"appno":["14902/04"],"itemid":["001-106308"]}

Judgment (Just satisfaction). 31 July 2014.

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"appno":["14902/04"],"itemid":["001-145730"]}

Issues for discussion:

1. May a convention on human rights be applicable to a commercial company?
2. May a company that has already been liquidated be a party to legal proceedings?
3. What violations of the Convention by Russia were alleged by Yukos?
4. What violations were found by the Court?
5. What is the essence of the “expired statute of limitation” argument (by Yukos)? What were counter-arguments of Russia?  What has the court decided? Was the decision unanimous?
6. How much did Yukos ask and how much was awarded to it?
7. What are the likely consequences if Russia does not comply with the Court decision?
8. Do you think the outcome is fair? Why or why not?
9. Do you think Russia must pay the award? Why or why not?