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Durham Research Online
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European Consensus as Integrative Doctrine of Treaty Interpretation: Joining Climate Science and International Law under the European Convention on Human Rights

Minnerop, Petra (2022) 'European Consensus as Integrative Doctrine of Treaty Interpretation: Joining Climate Science and International Law under the European Convention on Human Rights.', Berkeley Journal of International Law .

Abstract

The “European Consensus” is a key doctrine in the jurisprudence of the European Court of Human Rights. It assists the Court in establishing an international human rights standards vis-à-vis a national margin of appreciation. This article argues that the consensus doctrine has two integrative functions. The first integrative function concerns the Court’s reference to an existing or absent scientific consensus, in cases that are open to scientific determination. The second integrative function relates to the elaborate account of state practice that accompanies the Court’s reasoning on European Consensus which this article explains under Article 31(3)(b) Vienna Convention on the Law of Treaties. On that basis, the article demonstrates how climate science and emerging legal practices shape a European Consensus that significantly narrows states’ discretion under the European Convention on Human Rights. Providing this analytical and conceptual groundwork is impactful for the response of international human rights law to anthropogenic climate change.

Item Type:Article
Full text:Publisher-imposed embargo
(AM) Accepted Manuscript
File format - PDF
(559Kb)
Status:Peer-reviewed
Publisher Web site:https://www.berkeleyjournalofinternationallaw.com/
Date accepted:08 November 2021
Date deposited:04 January 2022
Date of first online publication:2022
Date first made open access:No date available

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