Domestic Politics and International Human Rights Tribunals: by Courtney Hillebrecht

By Courtney Hillebrecht

Overseas politics has develop into more and more legalized over the last fifty years, restructuring the best way that states have interaction with one another, with overseas associations, or even with their very own materials. the world subjected to the main excessive restructuring has maybe been human rights. the increase of the overseas legalization of human rights now allows person ingredients to take human rights claims opposed to their governments at foreign courts resembling the eu and Inter-American Courts of Human Rights. This ebook brings jointly theories of compliance from foreign legislations, human rights, and diplomacy to give an explanation for the more and more vital phenomenon of states' compliance with human rights tribunals' rulings. The vital argument of the ebook is that compliance with foreign human rights tribunals' rulings is an inherently household affair. It posits 3 overarching questions: First, why do states agree to human rights tribunals' rulings? moment, how does the compliance procedure spread and what are the household political concerns round compliance? 3rd, what impression does compliance have at the safety of human rights? This e-book solutions those questions via a mix of quantitative analyses and in-depth case stories from Argentina, Brazil, Colombia, Italy, Portugal, Russia, and the uk.

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Extra resources for Domestic Politics and International Human Rights Tribunals: The Problem of Compliance

Sample text

Even their ultimate threat, expulsion from the tribunals, is nearly an empty one. The tribunals’ reputations suffer as much as those of member states when discussions about expelling states or states’ withdrawal from the institutions come to the fore because it appears as if the tribunals are weak and unable to discipline their members. Furthermore, these threats very rarely, if ever, come to fruition (see the case of Russia and the European Court of Human Rights in Chapter 7). Beyond the practicalities of the tribunals’ weak enforcement and punishment capacities, the tribunals and their respective conventions embrace the principle of subsidiarity.

Matthew Baum, Soft News Goes to War: Public Opinion and American Foreign Policy in the New Media Age (Princeton: Princeton University Press, 2003); Peter Van Tuijl, “NGOs and Human Rights: Sources of Justice and Democracy,” Journal of International Affairs 52, no. 2 (1999): 493–512; William G. Howell and Jon C. Pevehouse, While Dangers Gather: Congressional Checks on Presidential War Powers (Princeton: Princeton University Press, 2007). Hafner-Burton, “Sticks and Stones: Naming and Shaming the Human Rights Enforcement Problem”; Ray Pawson, “Evidence and Policy and Naming and Shaming,” Policy Studies 23, no.

Second, the rulings are externally mandated. For those constituencies most ardently pushing for compliance, the universal and international nature of the norms embodied by the rulings makes compliance all the more important. 31 Furthermore, the tribunal itself can add pressure on the state to follow through with its international commitments and human rights obligations. Finally, the fact that the tribunals’ mandates contain so many different elements, including relatively easily accomplished mandates, such as paying reparations, means that governments can deploy – or try to deploy – a practice of partial compliance in order to satisfy (partially) constituent and international observer demands as a signal of their commitment to human rights.

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