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

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

by Courtney Hillebrecht
Domestic Politics and International Human Rights Tribunals: The Problem of Compliance

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

by Courtney Hillebrecht

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Overview

International politics has become increasingly legalized over the past fifty years, restructuring the way that states interact with each other, with international institutions, and even with their own constituents. The area subjected to the most intense restructuring has perhaps been human rights. The rise of the international legalization of human rights now makes it possible for individual constituents to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories of compliance from international law, human rights, and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. The central argument of the book is that compliance with international human rights tribunals' rulings is an inherently domestic affair. It posits three overarching questions: First, why do states comply with human rights tribunals' rulings? Second, how does the compliance process unfold and what are the domestic political considerations around compliance? Third, what effect does compliance have on the protection of human rights? This book answers these questions through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia, and the United Kingdom.

Product Details

ISBN-13: 9781107595774
Publisher: Cambridge University Press
Publication date: 01/07/2016
Series: Cambridge Studies in International and Comparative Law , #104
Pages: 208
Product dimensions: 6.06(w) x 9.06(h) x 0.47(d)

About the Author

Dr Courtney Hillebrecht is an Assistant Professor in the Department of Political Science at the University of Nebraska, Lincoln. Her research focuses on human rights, international relations and international law. Hillebrecht's work has been published in Human Rights Quarterly, Human Rights Review, The Journal of Human Rights Practice and Foreign Policy Analysis. She is the editor of a forthcoming volume on states' responses to human security crises and is beginning work on a new project on the effect of international criminal accountability for ongoing violence.

Table of Contents

1. Human rights tribunals and the challenge of compliance; 2. Explaining compliance with human rights tribunals; 3. Domestic institutions and patterns of compliance; 4. Compliance as a signal of states' human rights commitments: Uribe's Colombia; 5. Leveraging international law's legitimacy to change policies: compliance and domestic policy promotion in Argentina and Portugal; 6. The bitter pill of compliance: preferences for human rights, democracy, and the rule of law; 7. Compliance failures: Russia, Italy and Brazil and the politics of non-compliance; 8. Conclusion: the European and inter-American courts in context.
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