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dr. D.H. Augenstein

Associate Professor 

Tilburg Law School
Department European and International Public Law

SSRN Author Page

Click here for my SSRN author page.


My research focuses on human rights in their national-constitutional, trans-national and international contexts. It inquires the potential and limitations of effective human rights protection in a globalised world where different domestic, European and international human rights regimes become increasingly interconnected. I also have research interests in selected other areas of legal philosophy, constitutional law, and European and international law. My research on human rights can be divided into three main strands. One particular interest pertains to the relationship between multi-layered human rights protection in the European legal space and the political integration process of the European Union.

The first strand of my research on globalisation and human rights investigates challenges to state-based paradigms of human rights protection brought about by patterns of (economic) globalisation. It inquires the dissociation of the public and territorial nature of human rights protection from the Westphalian conception of statehood. In this context, I am particularly interested in the 'business and human rights' debate, as well as in notions of 'global law'.

My second major research interest is in the area ofEuropean integration and trans-national human rights jurisprudence. My research in this area focusses on Europe (EU&ECHR) and inquires the institutional and normative parameters of human rights protection 'beyond' the nation-state.

Finally, I have a long-standing research interest in the relationship between the concept of tolerance and rights-based liberalism. My work in this area straddles analytical and continental philosophy to challenge a number of common liberal assumptions about the relationship between tolerance and the liberal legal order committed to state neutrality and equal treatment (i.e. 'liberal tolerance' or 'tolerant liberalism). It defends an alternative understanding of tolerance that is neither incompatible with, nor reducible to, liberal justice.


Principal publications

  • 'The Crisis of International Human Rights Law in the Global Market Economy', 44 Netherlands Yearbook of International Law (2014) 41-64
  • 'Engaging the Fundamentals: On the Autonomous Substance of EU Fundamental Rights Law' 14(10) German Law Journal (2013) 1917-1938
  • 'Integration through Law' Revisited: The Making of the European Polity, Ashgate (2012)
  • 'Tolerance and Liberal Justice', 23(4) Ratio Juris (2010), 437-459
  • Study of the Legal Framework on Human Rights and the Environment applicable to European Enterprises operating outside the European Union, Study for the European Commission ENTR/09/045 (2010)

Click here for the list of publications in the Research Portal

Last amended: 28 September 2015