Ongoing PhD Projects in Research Cluster I
Human Rights and Humanitarian Protection
Humanitarian action consists of two main pillars: protection and assistance. The research cluster on Human Rights and Humanitarian Protection focuses on the interpretation, implementation and compliance with international human rights standards in emergencies, protracted crises and situations of risk and pays attention to the actors involved in these processes.
Learn more about it here.
Maximilian Bertamini
National Appropriation in International Law: Space Mining between Sovereignty and Property
As non-renewable resources on Earth must expire, humanity starts reaching for the stars for new supplies. Luckily, there are many documented near-Earth asteroids rich in highly valuable resources. For international lawyers, it depends on the understanding of two concepts, if these expectations can be fulfilled: sovereignty and property. These notions determine who may exercise a certain type of power over a certain object. This PhD project aims at understanding the legality of property acquisition in outer space. It argues that understanding the scope of “national appropriation” in Article II OST requires to understand the concepts of sovereignty and property, as “national appropriation” blends the two together: The term "appropriation" is inspired by property law, while only national appropriations are prohibited, alluding to states and sovereignty. In a first step, the concepts of sovereignty and property in international law will thus be examined, underpinned by legal theory, legal history and political philosophy. In a second step, Article II OST will be interpreted against the backdrop of the results of Step 1.
Vanessa Bliecke
Disability-Selective-Abortion in International Human Rights Law – Stereotypes and Stereotyping under Art. 8 CRPD
Worldwide, national legislation on the termination of pregnancy abounds in laws differentiating between foetuses with or without disability, providing for Disability-Selective-Abortion (DSA). This research project delves into the complex and contentious issue of DSA through the lens of international human rights law, with a particular focus on the implications of stereotypes and stereotyping as outlined in Article 8(1)(b) of the Convention on the Rights of Persons with Disabilities (CRPD). The research examines the legal admissibility of DSA by exploring and analysing its intersection with women's reproductive rights and the rights of persons with disabilities. To this end, this research project will mirror a recent shift in the argumentation against DSA, emphasizing its impact on the rights and interests of persons already born with disabilities rather than on potential rights of the unborn. Thus, examining the legal implications of harmful stereotypes and wrongful stereotyping of persons with disabilities as a human rights issue as anchored in Art. 8(1)(b) CRPD in the context of DSA will be the core research focus of this project.
Rouven Diekjobst
Human dignity & war: reconciling law and practice of armed conflict with the protection of human dignity in the German Grundgesetz
In German constitutional law, Article 1(1) of the Basic Law, which protects human dignity, is considered the highest value and is not subject to relativization. The German Federal Constitutional Court has developed extensive jurisprudence on this article, including declaring a statute unconstitutional for allowing the German armed forces to down a hijacked plane, arguing it violated the dignity of innocent passengers. This interpretation contrasts with international humanitarian law, which permits attacks on military targets despite civilian presence if collateral damage is not disproportionate to military advantage. Given Germany's increasing military engagements, reconciling the protection of human dignity with the laws of armed conflict is crucial for the constitutionality of Germany's military actions. The project seeks to answer the question by examining and potentially reconciling three developments through the lens of constitutional theory: the interpretation of human dignity under the basic law, the changes made to the German constitution in respect of its military forces as well as the development of international humanitarian law since 1949.
Ilja Djatschkow
Das Diplomatische Asyl im Gefüge des europäischen Menschenrechtssystems unter rechtsvergleichender Darstellung mit dem lateinamerikanischen Menschenrechtssystem
The concept of diplomatic asylum exists on a treaty basis only in Latin America and is highly disputed in the rest of the world. This thesis deals with the question if this legal institute may still be a legitimate tool in terms of European Human Rights Law to protect an asylum seeker from (political) prosecution. Moreover, the human rights system of Europe and Latin America will be compared to illustrate the different attitude of these two world regions towards protecting people in the premises of foreign missions.
Aaron Dumont
Ecocide – How International Criminal Law might influence Corporate Behavior
Ecocide is a concept that encompasses grave offenses against the environment under International Criminal Law, which traditionally only addresses crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Ecocide would represent a significant expansion of ICL, emphasizing accountability for severe environmental damage. The inclusion of Ecocide under the Rome Statute would create a robust legal framework for prosecuting individuals responsible for large-scale environmental destruction. This PhD project uses a mixed-methods (comparative, empirical) approach to evaluate the possible effects that an introduction of Ecocide to the Rome Statute might have on the behavior of multinational companies.
Laura Hofmann
Cultural Heritage Protection through the Lens of Human Rights Bodies
The project asks if and how international human rights law can offer a legal basis for the protection of cultural heritage. To this end, it reviews the pronouncements and work of human rights bodies, specifically the Human Rights Council, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights. Organised along the threefold structure of ‘meaning’, ‘rights’, and ‘obligations’, the project examines the meaning of cultural heritage, the relevant rights of individuals and groups, and the corresponding state obligations vis-à-vis cultural heritage. It further assesses to what extent rights, such as access to cultural heritage, and obligations serving the protection of (aspects of) cultural heritage, are (still) emerging in the international human rights framework.
Robin Ramsahye
The United Nations Declaration on the Rights of Peasants and the Conceptualisation of New Rights and Rights-Holders in International Law
The newly adopted United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) creates a new category of right holders to address the challenges faced by smallholder agriculturalists, including farmers, pastoralists, nomadic communities, and indigenous peoples. This project first explores peasants as potential human rights holders, focusing on the normative content and implementation of these rights, particularly under UNDROP’s Article 17 on the right to land. Although considered an emerging human right, the right to land has not yet been extensively studied. The project then assesses UNDROP’s impact on the existing human rights legal framework through the lens of land, examining its cultural and identity-related aspects. It investigates whether UNDROP helps close normative gaps or increases ambiguities within the legal protections for vulnerable groups in diverse populations.
Christina Soldanski
Climate Change and Development Cooperation - The requirements of International Environmental Law and International Development Cooperation Law concerning Development Cooperation in the field of Climate Protection
By this time the consequences of climate change are noticeable. Especially developing countries suffer the negative consequences of climate change whereas their contribution to global warming is minor in comparison to industrial countries. Simultaneously climate change also exacerbates already existing challenges that development cooperation attempts counteracting such as food scarcity. Therefore, climate protection is a challenge for development cooperation that cannot be delayed. The field of climate protection needs to be recognized by development cooperation as there is a demand for action. The dissertation project therefore aims to give an overview over the measures of development cooperation on the field of climate change protection as well as the legal framework in international law and explores whether these measures adhere to the legal framework. Finally, it aims to point out which requirements for amendment result from this scrutiny.
Vivien Wefringhaus
Circular Economy and International Law
This PhD project illuminates the relation between the relatively new concept of circular economy and international law by analyzing in how far international rules can oblige states to transform their economies. It thereby scrutinizes the fields of international environmental law as well as human rights law in the context of resource depletion and waste management. Furthermore, it involves the role of sovereignty in order to determine if an implicit obligation to start a shift towards a circular economy can be derived from international law.