Stephen Humphreys

Among the many legacies left by Rudolf Bernhardt, the significance he attached to the doctrine of the ‘living instrument’ is crucial. Accordingly, the European Convention on Human Rights (ECHR) must be interpreted as evolving and dynamic – as a ‘living’ organism. Dr Marie-Catherine Petersmann reflects on what it would mean to move from a ‘living constitution’ to a ‘constitution of the living’

In the aftermath of the Paris Agreement, the turn to litigation as a vehicle for addressing the climate crisis intensified dramatically.  The surge in litigation entailed a discursive turn - the framing of climate change arguments in human rights terms. Advocates of this turn frequently emphasized its strategic advantages. Yet, what may have commenced as a strategic move, introduced intriguing conceptual and normative challenges to the conventional scope and meaning of human rights. 

Where does the binding force of international treaties come from? This lecture considers three centuries of international peace treaties to examine how signatories sought to convince one another of the viability of their commitments.