월간보고서 3 (11월)


안녕하세요. 싱크탱크 인턴십 GIGA 파견자 양소연입니다.
이번 월간보고서에서는 완성된 Briefing paper의 내용에 대해 아래와 같이 소개를 드리고, 개인연구 외 이번 달에 참여한 회의 및 학술세미나 일정에 대해 알려드리도록 하겠습니다.



1. Overview of the Briefing Paper

• Title of the Paper
Regional Human Rights Courts: Challenges and Prospects

• Introduction
In 2009, the Association of Southeast Asian Nations (ASEAN) inaugurated the ASEAN Intergovernmental Commission on Human Rights (AICHR). In 2014, the Arab League approved the statute of Arab Court for Human Rights, following the Europe Union, the Organization of American States and the Africa Union which already has their own regional human rights courts. But the mechanisms are facing serious challenges to their function and effectiveness.

• Analysis
The number of regional tribunals specialized in human rights has been increasing over the past decades. As supranational legal mechanisms, they are facing difficulties due to the barriers of sovereignty and complementarity. A relatively successful example is the European Court of Human Rights which was initially introduced in 1959 and gained the status of a permanent court in 1998. However, even this court is still faced with conventional difficulties of a supranational court. Reexamining the meaning of proactive complementarity and adopting the concept of responsible sovereignty can help overcome these challenges not only for the European Court of Human Rights but also other regional human rights courts.
   o In conventional regional courts, only states are directly bound by the decisions, and petitioners cannot reach the regional courts before he or she has gone through every available domestic legal solution.
   o The European Court of Human Rights is a successful example of regional human rights court when it comes to coordination with domestic courts. This can be interpreted as a unique version of cooperative complementarity. However, its jurisdiction is still too limited.
   o To give effective force to the decisions of regional courts and to ensure their active functions, the concept of sovereignty should be redefined with an emphasis on the state’s responsibility to protect the rights of nationals and the rule of law.
   o Cooperation and interdependency between domestic and regional courts can be achieved by establishing the concept of responsible sovereignty and granting wider jurisdiction to regional courts.

• Keywords: human rights, regional courts, European Court of Human Rights, complementarity, responsibility to protect



2. 이 달의 주요 세미나 및 회의

• Research Program 4 Monthly Meeting
05. 11. at 11:30 in Neuer Jungfernstieg 243a

• Nacht des Wissens
07. 11. from 17:00 in Neuer Jungfernstieg

• Meeting with the Supervisor
10.11. at 14:30 in IAS.

• GIGA Forum - Distinguished Speaker Lecture: Prof. Louis Pauly (University of Toronto) on “Governing Global Finance: Building Political Capacity after Crises”
10. 11. from 18:00 in Neuer Jungfernstieg

• Research Program 4 Seminar: Working paper draft presentation on the de-concentration of economic power in the international system
12. 11. at 11:00 in Neuer Jungfernstieg 243a

• IAS Annual Retreat & Jour Fixe
27. 11. (expected) at 9:00 in Neuer Jungfernstieg 550