Alena is a research assistant at the Centre for International Relations of the Faculty of Law of the University of Cologne and supports students from Cologne and from partner universities of the faculty in realising their studies abroad. She studied law at the Universities of Cologne and Passau and passed her First State Examination in Law in Passau in July 2020. During her focus studies at the University of Cologne, she specialised in International Public Law and European Union Law. Already during her studies, Alena worked as a student assistant at the Universities of Cologne and Passau. Next to that, she was involved in the Cologne local group and the German national board of the European Law Students’ Association. Before returning to the University of Cologne accompanying her doctoral studies, Alena worked as a research assistant in an international law firm.
Current research project
Alena is currently writing her doctoral thesis on “Sustainability as an Aspect of the Case Law of the European Court of Human Rights” (working title).
Description
A sustainable lifestyle to slow down the advancing climate crisis is a topic that can hardly be avoided in present times. In business, politics, but also in society, there is extensive discussion about what needs to be done to leave a liveable environment to future generations. In doing so, the term sustainability can be understood narrowly (in the sense of ecological sustainability) or more broadly. The definition of the so-called Brundtland Report is frequently being used, according to which sustainable development is defined as “meeting the needs of the present without compromising the ability of future generations to meet their own needs” (World Commission on Environment and Development, Our Common Future, Chapter 2). This definition contains a broad understanding of the term, which is often being recited but is not compelling.
The focus of the dissertation project is on the case law of the European Court of Human Rights (hereafter: ECtHR) and it will be analysed to what extent the aspect of sustainability plays a role in it. This analysis can be carried out from two different perspectives. On the one hand, questions of sustainability can be the content of a judgement, for example when considering environmental issues. On the other hand, it can be examined to what extent the consequences that a judgement will have on future circumstances and generations play a role in the judgement.
In addition to analysing whether the previous case law of the ECtHR can be regarded as sustainable, the aim of the study is to find out whether a new orientation of the jurisprudence is required in this respect. If the analysis shows that the aspect of sustainability has not played a significant role in the ECtHR’s case law so far, this does not automatically mean that a change is needed. Rather, it should be examined whether it is even the role of an (international) court to consciously include an aspect such as sustainability in its judgements, and to consider not only the specific case, but also the possible consequences of the decision for future generations. The aim of the study is therefore to define whether and to what extent it is possible for an international court such as the ECtHR to promote sustainable development in its member states through its case law and to consider the consequences for future generations.
