Speakers / Panelists 12 / 13 April 2021

Inter-State cases under the European Convention on Human Rights Experiences and current challenges

Christine Lambrecht Federal Minister of Justice and Consumer Protection

Christine Lambrecht has held the office of German Federal Minister of Justice and Consumer Protection since June 2019. She completed her law degree in 1995 and has been a Member of the German Bundestag since 1998. Among other positions, she has served as Member of the Bundestag’s Council of Elders and as Parliamentary State Secretary at the Federal Ministry of Finance.

Marija Pejčinović Burić Secretary General of the Council of Europe

Marija Pejčinović Burić is the Secretary General of the Council of Europe, the preeminent Pan-European international organisation in the field of human rights, democracy and the rule of law. Prior to being elected to her current position, Ms Pejčinović Burić was Deputy Prime Minister and Minister for Foreign and European Affairs of the Republic of Croatia, having served previously, on two occasions, as State Secretary for EU Affairs. During her time as a Deputy in the Croatian Parliament, she chaired the delegation of the Croatia-EU Joint Parliamentary Com- mittee, headed the delegation of the Croatian Parliament to the NATO Parliamentary Assembly and served on a range of foreign and European-themed committees, including in the position of Substitute Member of the Croatian Delegation to the Parliamentary Assembly of the Council of Europe. Earlier in her career, Ms Pejčinović Burić held a number of senior positions relating to the Croatia’s EU accession process. She went on to be a Negotiator on several chapters in the context of Croatia’s EU accession negotiations. She has written, lectured and consulted widely on European affairs, has served as a president and board member for a number of organisations and is a former Secretary General of the Europe House, Zagreb. Ms Pejčinović Burić holds a Bachelor of Science Degree from the Faculty of Economics at the University of Zagreb, and a Master in European Studies from the College of Europe.

1 Robert Spano President of the European Court of Human Rights

Judge Robert Spano was elected to the European Court of Human Rights in 2013 with respect to Iceland and is currently the President of the Court. Before taking up his judicial office he served as Parliamentary Ombudsman of Iceland from 2009–2010 and again in 2013. He served as Dean of the Faculty of Law, University of Iceland, from 2010–2013, and was appointed professor of law in 2006. He was chairman of the Standing Committee of Experts in Criminal Law in the Icelandic Ministry of Justice from 2003–2009 and from 2011–2013. He was also the Icelandic delegate to the European Committee on Crime Problems and an Independent Expert to the Lanzarote Committee of the Council of Europe. Judge Spano is a graduate of the University of Iceland and of the University of Oxford.

Nicola Wenzel German Federal Ministry of Justice and Consumer Protection

Nicola Wenzel is Head of the Human Rights Office at the German Federal Ministry of Justice and Consumer Protection and Government Agent before the ECtHR. Her specialisation in international human rights law and the ECHR in particular go back to her work as research fellow at the Max Planck Institute for International and Comparative Public Law in Heidelberg. From her previous work as head of the Ministry’s Alternative Dispute Resolution unit she brings an ADR perspective on human rights litigation. She publishes regularly on the Convention system and its implemen- tation in Germany.

Hans-Jörg Behrens German Federal Ministry of Justice and Consumer Protection

Dr. Hans-Jörg Behrens studied law in Marburg, Göttingen and London (King’s College), joining the Federal Ministry of Justice in 1991. He was a member of the German team for the creation of the International Criminal Court and a member of the Drafting Committee at the 1998 Rome Conference. From 2001 to 2005 he was Head of the Cabinet and Parliament Liaison Office in the Ministry. Since 2005 he has been Co-Agent and Agent before the ECHR and Head of the Ministry’s Human Rights Office. In 2016/17 he was Vice-Chair and in 2018/19 Chair of the Steering Com- mittee on Human Rights (CDDH); currently he chairs the Committee on the System of the European Convention on Human Rights (DH-SYSC).

2 Andreas Zimmermann University of Potsdam

Professor Dr. Andreas Zimmermann: Professor of Constitutional and International Law, University of Potsdam and Director of the Potsdam Centre of Human Rights; Dr. jur. (Heidelberg), LL.M. (Harvard); counsel in various cases before the ICJ, arbitral tribunals and the German Constitutional Court; judge ad hoc European Court of Human Rights (until 2018); member advisory boards on UN issues (until 2019) and on public international law German Ministry of Foreign Affairs; member of the advisory committee on international humanitarian law of the German Red Cross; member of the United Nations Human Rights Committee (2018–2020).

Geir Ulfstein University of Oslo

Geir Ulfstein is Professor of International Law at the University of Oslo and Co-Director of PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order. He has published in different areas of international law, including the law of the sea, international environmental law, international human rights and international institutional law. Ulfstein is Chair of the Scientific Advisory Board, Max Planck Institute for Procedural Law, Luxembourg and has been Co-chair of the International Law Association’s Study Group on the ‘Content and Evo- lution of the Rules of Interpretation’ (2015–2020). He has been member of the Executive Board of the European Society of International Law (2010–2016). Ulfstein is President of the Norwegian Branch of the International Law Association (ILA).

Isabella Risini Ruhr-Universität Bochum

Dr. Isabella Risini, LL.M. (Chicago-Kent College of Law) is a senior research associate at Ruhr-University Bochum. She studied law at the University of Augsburg, the Chicago-Kent College of Law (LL.M. in International and Comparative Law), and the Hague Academy of International Law. During her qualification period for the German bar in the Higher Regional Court District of Munich, she completed a stage at the headquarters of the German Foreign Office in Berlin. Subsequently, she also had the opportunity of a traineeship at the European Court of Human Rights. Her PhD thesis entitled The Inter-State Application under the European Convention on Human Rights – Between Collective Enforcement of Human Rights and Inter- national Dispute Settlement was published by Brill in 2018.

3 Başak Çalı Hertie School

Başak Çalı is Professor of International Law at the Hertie School and Co-Director of the School’s Centre for Fundamental Rights. She is an expert in international law and institutions, international human rights law and policy. She has authored publications on theories of international law, the relationship between international law and domestic law, standards of review in international law, interpretation of human rights law, legitimacy of human rights courts, and implementation of human rights judgments. Çalı is the Chair of European Implementation Network and a Fellow of the Human Rights Centre of the University of Essex. She has acted as a Council of Europe expert on the European Convention on Human Rights since 2002. She has extensive experience in training members of the judiciary and lawyers across Europe in the field of human rights law. She received her PhD in International Law from the University of Essex in 2003.

Ed Bates University of Leicester

Ed Bates is a co-author of Harris, O’Boyle and Warbrick, The Law of the European Convention on Human Rights (Fourth edition, Oxford University Press, 2018 – fifth edition, forthcoming 2023) and the author of E Bates, The Evolution of the European Convention on Human Rights (Oxford University Press, 2010). He is currently writing a monograph entitled, ‘The European Court of Human Rights’ transformative era (the 2010s): decline, further evolution, realistic future?’ to be published by Oxford University Press (forthcoming 2023). His recent work includes, ‘Prin- cipled resistance to the European Court of Human Rights in the UK?’, in M Breuer, ‘Principled Resistance to the ECHR – a new paradigm?’ (Springer 2019); ‘Activism and self-restraint: the margin of appreciation’s Strasbourg career… its ‘coming of age’?’, in Symposium in Honour of Judge Paul Mahoney 36 (2016) No. 7-12 Human Rights Law Journal 261; ‘Democratic override (or rejection) and the authority of the Strasbourg Court: the UK Parliament and prisoner voting’, in Saul, M. & Follesdal, A. & Ulfstein, G.. The International Human Rights Judiciary and National Parliaments: Europe and Beyond (Cambridge University Press 2017); and ‘Analysing the Prisoner Voting Saga and the British Challenge to Strasbourg’ (2014) 14 Human Rights Law Review 503. Ed runs the blog UKStrasbourgspotlight (https://ukstrasbourgspotlight.wordpress.com/).

4 Frans Viljoen University of Pretoria (Africa)

BLC degree (a three-year Bachelor’s degree majoring with Law and Political Science) (University of Pretoria, South Africa); LLB degree (two-year law degree giving access to legal practice) (University of Pretoria, South Africa); LLM degree (specialising on human rights) (University of Cambridge); MA (Literature) (University of Pretoria, South Africa); LLD (doctoral degree, focusing on supranational human rights protection in Africa) (University of Pretoria, South Africa). He is the editor-in-chief of three mostly English language academic journals, the African Human Rights Law Journal, the African Human Rights Yearbook and the Global Campus Human Rights Journal. The Centre for Human Rights, of which he has been the Director for the last eleven years, has since 1995 enjoyed observer status with the African Commission. He has personally attended around 30 sessions of the African Commission.

Laurence Burgorgue-Larsen Université de Paris 1 Panthéon-Sorbonne (America)

Laurence Burgorgue-Larsen is Professor in Law at the Sorbonne Law School (University Paris 1), Member and Former Vice-Deputy of the Institut de Recherche en droit international et européen de la Sorbonne (IREDIES), Director of the Studies Group on International Law and Latin American Law (GEDILAS) of the Sorbonne within the IREDIES and Director of the Master 2 “Human Rights and the European Union”. She is the Director of the Collection “Cahiers européens” in the French editor Pedone and member of numerous Advisory Board of Legal Journals (e.g., EJHR, NQHR, RTDH). She researches and teaches in the areas of Human Rights Law, Comparative constitutional Law and European and International Law. Her publications (in three languages) are diverse in the field of regional human rights. Her last publication is focused on a comparative, dynamic and critical perspective of the creation and functioning of the 3 Regional HR Courts in context (Paris, Pedone, 2020). She has been invited in numerous Universities in Europe, Africa, as various Latin American countries. Between 2012 and 2019, she was a member of the Constitutional Court of Andorra and was the President between 2014 and 2016.

5 David Keane Dublin City University (CERD, UN Treaty Bodies)

Dr. David Keane is Assistant Professor in Law at the School of Law and Government, Dublin City University, Ireland. He has previously lectured at Brunel University and Middlesex University, London. He holds a BCL (Law and French) from University College Cork, Ireland, and an LLM and PhD from the Irish Centre for Human Rights, National University of Ireland, Galway, where he was awarded a Government of Ireland scholarship for his doctoral studies. Dr. Keane’s research is in international human rights law with a particular focus on the International Convention on the Elimination of Racial Discrimination (ICERD), caste-based discrimination, minority rights and related aspects of the UN human rights system. His book Caste-based Discrimination in Inter- national Human Rights Law (Routledge, 2007) was awarded the Hart-SLSA Book Prize for Early Career Academics and has been widely cited, including by the UK Supreme Court. He co-authored Minority Rights in the Pacific Region (Oxford University Press, 2009) and more recently co-edited 50 Years of ICERD (Manchester University Press, 2017), in addition to a range of journal articles and book chapters in these areas. Dr Keane acts as a visiting professor at the University of Bordeaux and University Grenoble Alpes, France.

Thilo Marauhn University of Gießen

Thilo Marauhn is professor of public law and international law at Justus Liebig University Giessen, head of the Public International Law Research Group at the Peace Research Institute Frankfurt, permanent visiting professor at the University of Lucerne, and adjunct professor at the University of Wisconsin-Madison. He chairs the German National IHL Committee and serves as president of the International Humanitarian Fact-Finding Commission. His research interests relate to public international law, including international and European human rights law, international humanitarian law, and the sociology of public international law. Together with Oliver Dörr and Rainer Grote, Thilo Marauhn is editor of the two-volume commentary on the interrelationship between the ECHR and the German Basic Law („Konkordanzkommentar zum europäischen und deutschen Grundrechtsschutz“), the third edition of which will be published in 2021.

6 Aletta Mondré University of Kiel

Prof. Dr. Aletta Mondré is Professor of International Ocean Governance at Kiel University, Germany. The overarching theme in her research is the interplay of international institutions and territorial states in international relations. She earned her doctorate in political science from the University Bremen with a thesis on forum shopping in international disputes.

Angelika Nußberger University of Cologne

Angelika Nußberger is professor at Cologne University teaching international law and comparative constitutional law. From 2011 until 2019 she was Judge at the European Court of Human Rights elected on behalf of Germany, for three years between 2017 and 2019 its Vice-President. She is the German member of the Venice Commission and International Judge at the Constitutional Court of Bosnia and Herzegovina.

Peter Tzeng Foley Hoag LLP

Peter Tzeng is an attorney exclusively advising and representing States on matters of public in- ternational law and international arbitration. He regularly works on cases before the International Court of Justice, where he previously clerked, as well as before the International Tribunal for the Law of the Sea, the Permanent Court of Arbitration, and the International Centre for Settlement of Investment Disputes. He is a graduate of Yale Law School and Princeton University, and a recipient of the Diploma of The Hague Academy of International Law.

7 Alain Chablais Chair of the CoE Drafting Group on the effective processing and resolution of cases relating to Inter-State disputes (DH-SYSC IV)

Alain Chablais obtained a PhD from the University of Fribourg (Switzerland) in 1996, where he focused his research on constitutional and administrative legal issues. He has been the Agent of the Government of Switzerland before the European Court of Human Rights since 2018. He is member of the Steering Committee for Human Rights of the Council of Europe, as well as of its Bureau. As the Chair of the DH-SYSC IV, he has been closely involved in intergovernmental cooperation on the efficient treatment of interstate applications. Previously, he served as judge with the Administrative Federal Court of Switzerland and Professor at the Law Faculty of the University of Neuchâtel. Until 2009, he was legal officer and subsequently acting Head of Division within the then Directorate General of Legal Affairs and Human Rights of the Council of Europe in Strasbourg.

Martina Keller Deputy Section Registrar of the European Court of Human Rights

Martina Keller is Deputy Section Registrar at the European Court of Human Rights (ECtHR). Prior to that, she was head of various legal divisions in the Registry of the ECtHR, where she has worked since 1994. Before joining the ECtHR, she was practising in a private law firm and a member of the Paris Bar Association. She holds a diploma in political science from the Institut d’Etudes Politiques de Paris and an MA (Law) from the Université Paris II (Assas).

Phillip Leach Middlesex University London

Philip Leach is Professor of Human Rights Law at Middlesex University, a solicitor, and Director of the European Human Rights Advocacy Centre (EHRAC: ehrac.org.uk), also based at Middlesex University, London. He has extensive experience of representing applicants before the European Court of Human Rights, in particular from the former Soviet region, as well as the UK and Turkey. He researches and publishes widely in the field of international human rights law. He was a member of the Independent Advisory Panel on Deaths in Custody from 2009–2015 and a member of the Harris Review (2014–2015). He was appointed Specialist Adviser to the Joint Committee on Human Rights for its inquiry into mental health and deaths in prison in 2016–2017. He is Co-Supervisor of the Turkey Human Rights Litigation Support Project (www.turkeylitigationsupport. com). He is Vice-Chair of the European Implementation Network (EIN), a member of the Advisory Board of the Open Society Justice Initiative, and a former trustee of the Media Legal Defence Initiative and the Human Dignity Trust. He is the author of ‘Taking a Case to the European Court of Human Rights’, 4th ed., Oxford University Press, 2017. In 2015, Leach was named Human Rights Lawyer of the Year by the Law Society of England and Wales.

8 Alina Miron University of Angers

Alina Miron is Professor of International Law at the University of Angers (France), co-director of the Master of International and European Law. She has also been Counsel and Advocate in a number of cases before the International Court of Justice, the International Tribunal of the Law of the Sea and before arbitral tribunals. Most recently, Professor Miron appeared in Chagos Advisory Opinion proceedings, Maritime Delimitation in the Indian Ocean (Somalia v. Kenya), Ghana/Côte d’Ivoire, Whaling in the Antarctic, Temple of Preah Vihear – interpretation and Croatia/Slovenia arbitration. Professor Miron’s research covers areas like proceedings before international courts and tribunals, the law of international organizations and the application of international law by domestic judges. Most recently, she has been focusing on law of the sea issues. Her research project ZOMAD/DAMOZ (Un observatoire de la pratique des Zones maritimes disputed/Observatory of Practice in Disputed Maritime Zones) was awarded a Rising Star grant by the Region Pays de la Loire (France).

Hélène Tigroudja Aix-Marseille University

Dr. Hélène Tigroudja is Professor of Public International Law and International Human Rights Law at the Law School of Aix-Marseille University. She is the head of the Public International Law Master 2 Programme. She is also an independent Expert at the UN Human Rights Committee. Her researches are focused on Women’s Rights, Regional and Universal mechanisms of Human Rights, International Human Rights Law Adjudication, Human Rights in times of emergency and International Human Rights Courts and Armed Conflicts (course to be taught at the Hague Academy of International Law in 2023).

9 Jorge Contesse Rutgers Law School

Prof. Contesse is an Associate Professor of Law and founding Director of the Rutgers Center for Transnational Law, in the United States, and Permanent Visiting Professor at the Diego Portales Law School, in Santiago, Chile. His research examines how international human rights law interacts with states and non-governmental actors, with a focus in Latin America. Prior to joining the Rutgers faculty, he was an Assistant Professor of Law and Director of the Human Rights Center at Diego Portales Law School, and board member of Chile’s National Human Rights Institute. Contesse has been a Visiting Fellow at Yale Law School’s Schell Center for International Human Rights, Visiting Professor at the University of Miami School of Law, Visiting Resource Professor at the University of Texas School of Law, and Crowley Fellow in International Human Rights at Fordham University School of Law. In 2021–2022, he will be a Visiting Professor at the Université Paris 1 Panthéon-Sorbonne. Prof. Contesse received his LL.M. and J.S.D. degrees from Yale Law School, where he was a Fulbright Scholar and a Senior Editor of the Yale Human Rights and Development Law Journal. He holds a Law and Social Sciences Degree from Diego Portales Law School.

Helen Keller Universität Zürich

Prof. Dr. iur. Helen Keller, LL.M, is a professor of law at the University of Zurich. She was judge at the European Court of Human Rights form 2011 until 2020. She has written about friendly settlements before the ECtHR. From 2008 to 2011, Helen Keller was a member of the United Nations Human Rights Committee. She has been awarded an honorary doctorate by the University of Fribourg in 2018 for her contribution to cross-fertilisation of doctrine and practice. Since December 2020, she has served as a judge at the Constitutional Court of Bosnia-Herzegovina.

Morten Ruud Norwegian Ministry of Justice and Public Security

Morten Ruud is born in 1950, and has served in the Norwegian Ministry of Justice since 1976, and as Secretary General from 1997 to 2012. He was governor of Svalbard from 1998 to 2001. He has participated in the elaboration of several human rights conventions, i.a. the 1976 additional protocols to the Geneva conventions, and the UN convention against torture. He chaired the committee DHPR when drafting Protocol 11 to the ECHR, and is now chairing the Steering Committee for Human Rights (CDDH).

10 Norman Weiß University of Potsdam

Norman Weiß is teaching German constitutional law and public international law at the University of Potsdam. He holds a doctoral degree from Johannes Gutenberg-Universität Mainz (1999) and completed his habilitation in Potsdam in 2007. He has authored and co-authored more than hundred articles and chapters of books; he has edited and co-edited several books on human rights. Since 2004, he is a member of the Research Council of the German UNA.

Christos Giakoumopoulos Director General Human Rights and Rule of Law (Council of Europe)

Christos Giakoumopoulos was appointed Director General of Human Rights and Rule of Law of the Council of Europe on 1 August 2017. He was previously Director of Human Rights from 2011–2017 and also Director of Monitoring in the same Directorate General between 2006–2011. Before joining the Directorate General of Human Rights, he was General Counsel and General Director for Legal and Administrative Affairs of the Council of Europe Development Bank (Paris). Since joining the Council of Europe, he held posts in the Registry of the European Court of Human Rights, the Venice Commission and Director in the Office of the Commissioner for Human Rights, A. Gil Robles.

Thomas Hammarberg MP and former CoE Human Rights Commissioner

Thomas Hammarberg is a human rights expert. He is presently member of the Swedish Parliament and a delegate to the Parliamentary Assembly of the Council of Europe where he is a co-rapporteur on the situation in Turkey. Previously he was Commissioner for Human Rights in the Council of Europe. He has represented the United Nations on human rights in Cambodia and was member in the first UN committee on the rights of the child. In earlier days he was Secretary General of Amnesty International and received the Nobel Peace award for that organization.

11 Debbie Kohner Debbie Kohner

Debbie Kohner is Secretary General of ENNHRI, the European Network of National Human Rights Institutions (NHRIs). ENNHRI enhances the promotion and protection of human rights across Europe, by supporting, strengthening and connecting NHRIs. Debbie is a qualified solicitor, having practised law in London and Madrid. She also worked in the NGO sector, including co-convening a coalition of equality and human rights organisations in Northern Ireland. Previously, she coor- dinated a major research project to set up the first reporting system for racist incidents in New Zealand. She has also worked at Westminster, the UK Parliament. Debbie studied law at Jesus College, Oxford; Université de Paris II; and College of Europe; as well as Peace and Conflict Studies at the University of Ulster.

Roderick Liddell Former Registrar of the European Court of Human Rights

Roderick Liddell was born on 16 March 1955, in Lingfield, the United Kingdom. He was educated at Eton College, Windsor and went on to read Jurisprudence at Oxford University from 1974–1977. He began his career as a lawyer-linguist at the Court of Justice of the European Communities in Luxembourg in 1982 before joining the Council of Europe in 1987. He joined the Registry of the European Court of Human Rights in 1988 and has held successively senior posts culminating in his election as Registrar of the Court in 2015. He retired on 30 November 2020.

Photo credits: Christine Lambrecht: Thomas Köhler / photothek; Andreas Zimmermann: Frau Fritze; Başak Çalı: Hertie School; Angelika Nußberger: Josef Fischnaller

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