Anna Sophia Tiedeke und
Martin Fertmann nehmen Teil an der von der University of Aberdeen organisierten Scottish International Law Conference. In ihrem Vortrag stellen sie ihr Paper “Exploring the ‘in-between’: Mapping the interrelations between International Human Rights Institutions and the Oversight Board” vor.
Abstract
A little more than one year ago, the Oversight Board (OB) commenced its work “to make principled, independent, and binding decisions (…) based on respect for freedom of expression and human rights”. From the start, the language around it was loaden with judicial analogies. This choice was neither coincidental nor innocent and has stirred legal analysis in a specific direction. We argue this frame of reference obfuscates research on the OB. Instead of proposing another analogy, we suggest to look at the OB from a different angle, by uncovering the relationality of the practises of the OB vis-à-vis International Human Rights Institutions (IHRI). To this end, our study will, first, map the “in-between” of these institutions and the OB by identifying and describing their references to one another. Secondly, we will propose a system to categorize these references. Ultimately, our study will try to identify and pin down the “tertiary rules” governing the interrelation between the IHRI and the OB. Through this exercise we hope to offer both, a critical perspective on the popular court analogy and a fact-based insight into the role of the OB as a new actor of informal international law-making within the larger project of improving the protection of Human Rights online.
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