The Intersection of the Law of Treaties and Human Rights Law: State Obligations Upon Signing a Treaty Granting Jurisdiction to an International Tribunal Adjudicating Human Rights Violations
PhD fellow Emma Brandon investigates the process by which states give, modify, and terminate their consent to the jurisdiction of international criminal and human rights tribunals.
Brandon's dissertation focuses on the legal obligations that states have to the International Criminal Court, European Court of Human Rights, Inter-American Court of Human Rights, and African Court of Human and Peoples' Rights if they have signed but not yet ratified the treaties that establish the jurisdiction of these tribunals. The project is motivated by recent difficulties these tribunals have faced in ensuring that states live up to their cooperation obligations to these tribunals. The tribunals' ability to enforce these obligations is undermined by the current lack of clarity about the exact nature of the legal obligations at each stage of the consent process. The project works to address this lack of clarity through thorough analysis of relevant legal principles and practice.
The PhD project is a part of the research project State Consent to International Jurisdiction: Conferral, Modification and Termination.