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ADRO 1240A - HUMAN RIGHTS IN EUROPE

Type d'enseignement : Seminar

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

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Course Description

The course investigates the past, present and the future of human rights in Europe. Human rights began their history in Europe with the aspiration to become laws of universal application. However, the human rights legal system became increasingly fragmented and regionalized. Against this background, Europe is recognized as a leader in promoting human rights throughout the world. In Europe, two distinct institutions, the Council of Europe and the European Union, set up the example of a complex regional human rights system which is often regarded as the most successful in the world. However, the success of the European human rights system has been recently tested by a number of issues, including the wars in Ukraine and Syria, terrorism, the refugees, and the economic crisis. Additionally, the European Union and the Council of Europe are increasingly diverging in affirming their role as human rights promoters. This course analyzes the role that human rights play in addressing such crises in Europe.

Teachers

PALOMBO, Dalia (LSE Fellow)

Required reading

  • De Witte B, ‘The Past and Future Role of the European Court of Justice in the Protection of Human Rights', The EU and Human Rights (Oxford University Press 1999)
  • Joanne Scott, ‘Extraterritoriality and Territorial Extension in EU Law' (2014) 62 American Journal of Comparative Law 87
  • Eyal Benvenisti, ‘Sovereigns as Trustees of Humanity: On the Accountability of States to Foreign Stakeholders' (2013) 107 The American Journal of International Law 295
  • Eva Brems and Janneke Gerards (eds), Shaping Rights in the ECHR: The Role of the European Court of Human Rights in Determining the Scope of Human Rights (Cambridge University Press 2014)
  • Dimitris Xenos, The Positive Obligations of the State under the European Convention of Human Rights (Routledge 2012)

Additional required reading

  • Samuel Moyn, The Last Utopia: Human Rights in History (Belknap Press of Harvard Univ Press 2012)
  • Philippe Sands, East West Street: On the Origins of ‘Genocide' and ‘Crimes Against Humanity' (Knopf 2016)
  • Aoife Nolan, ‘Not Fit for Purpose? Human Rights in Times of Financial and Economic Crisis' (2015) 4 European Human Rights Law Review 358
  • Bruno De Witte and Šejla Imamovic, ‘Opinion 2/13 on Accession to the ECHR: Defending the EU Legal Order against a Foreign Human Rights Court' (2015) 40 European law review 683