Jens T. Theilen receives the Hermann Mosler Award of the German Society for International Law (DGIR) for his dissertation.
His work, which is available in open access in the Nomos eLibrary, analyzes the argumentation structures of the European Court of Human Rights, in particular its references to a European Consensus. It combines critical human rights theory with an in-depth analysis of the Court’s jurisprudence.
While the European Consensus is often viewed as an objective element within the Court’s reasoning, this study suggests that it forms part of the argumentative structures that lead to the indeterminacy of human rights. Emphasizing consensus and the legitimacy of the Court serves to entrench the status quo. The author suggests alternative approaches to thinking of human rights as an instrument of social transformation.
Every two years, DGIR awards the Hermann Mosler Prize as a young scholar award for outstanding dissertations in the field of international law that have been published or accepted for publication to scholars who should not have reached the age of 35 at the time of publication of the dissertation. [German Society of International Law ‘ Dissertation Prizes ‘ Dissertation Prizes (dgfir.de)]