Audrey M. Plan
PhD Candidate, Political Science
Doctoral Thesis Summary
With the multiplication of International Courts and their overlapping competences, is international law going toward more coherence, or more fragmentation ? Is judicial dialogue enough to prevent legal divergences between rulings of different international jurisdictions ?
To explain why no consensus has emerged to answer these questions, I develop a theory of strategic judicial interactions between International Courts, whereby an International Court uses convergence with another jurisdiction as a self-legitimizing tool when its authority is threatened. I test this theory on the European Court of Justice and the European Court of Human Rights, as two overlapping and independent International Courts, both dealing with European Human Rights.
To this end, I conduct three in-depth qualitative case-studies on different issue-areas which have seen rich jurisprudential interactions with varying patterns of convergence and divergences : the protection of the right to privacy for business premises, fundamental-rights based exceptions to the execution of European Arrest Warrants, and the right of transsexuals to change civil records.
I have a Bachelors in Law With Honors and a Diploma in American Law With High Honors from the Université de Clermont-Ferrand (France), as well as a Masters Degree in European and International Studies, With Honors with a speciality in European law and politics, from the College of International and European Studies in Bayonne (France). I have worked in legal advocacy in London before starting my PhD at Trinity College Dublin's Department of Political Science. I am also working as Research Assistant on French and European legal politics in the 40s to 80s, and run the Twitter account of EUROGOV, Trinity's Jean Monnet Centre of Excellence.
My research interests include International Courts and their multiplications, the judicialization of International relations and human Rights in particular, as well as the role of civil society in this context. I also research EU law and politics, with a particular focus on European Courts and European Human Rights. I am interested in interdisciplinary research to explore the links between law and politics, and rigorous methodology tailored to theory-informed empirical legal studies.
“Le futur des relations UE-CEDH après l’arrêt Bivolaru: Une fenêtre d’opportunité (manquée) pour la Présidence Française ?” Politeia, Forthcoming
“Bosphorus as a Broken Sword of Damocles : on the need to clarify the relationship between the ECJ and the ECtHR”, European Human Rights Law Review (5), 540–549, 2021.
"Glyphosate: revealing agent of dysfunctions in the European Union” Le Petit Juriste (https://www.lepetitjuriste.fr/glyphosate-revelateur-de-dysfonctionnements-sein-de-lunion-europeenne/ ), 2018
“The entry into force of Protocol 16 of the ECtHR: an embryonic Preliminary Ruling?” (co-authored with E. Destombes Delebarre, Université de Bordeaux), Le Petit Juriste (https://www.lepetitjuriste.fr/a-venir-lentree-vigueur-protocole-16-de-cedh-question-prejudicielle-embryonnaire/ ), 2018
Strategic interactions between International Courts: Convergence and divergence between the European Court of Justice and the European Court of Human Rights”, Ljulbjana, Forthcoming
"The detention of unaccompanied minors in EU asylum law: what is left of children's rights?”, in Safeguarding the Rights of the Child in Immigration Law, M. Klaassen & S. Rap (eds), Interstentia, 2020.
Grants and Awards2019 Provost PhD Award
2021 Irish Research Council Postgraduate Research Award