Common Law Tort of Negligence as a Tool for Deconstructing Positive Obligations under the European Convention on Human Rights
This article examines how the common law tort of negligence as developed in the United Kingdom can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, common law and ECHR, aim to delimit the circumstances where respons