The Law And Politics Of International Human Rights Courts

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Domestic Politics and International Human Rights Tribunals

Author : Courtney Hillebrecht
Publisher : Cambridge University Press
ISBN 13 : 1107040221
Total Pages : 207 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Domestic Politics and International Human Rights Tribunals by : Courtney Hillebrecht

Download or read book Domestic Politics and International Human Rights Tribunals written by Courtney Hillebrecht and published by Cambridge University Press. This book was released on 2014-02-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals 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 from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.

The Law and Politics of International Human Rights Courts

Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0198922221
Total Pages : 305 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis The Law and Politics of International Human Rights Courts by : Alec Stone Sweet

Download or read book The Law and Politics of International Human Rights Courts written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2024-08-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining perspectives from law and the social sciences, this book provides an account of the origins and evolution of six regional human rights courts. In each of these cases, judges sought to overcome political forces and legal obstacles that threatened to render the regime stillborn. Alec Stone Sweet and Wayne Sandholtz focus on the struggle to raise standards of rights protection within multi-level "transnational systems of justice." A transnational system of justice is comprised of three components: a charter of rights; a court tasked with enforcing the charter; and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the law and politics of such systems in diverse areas, including torture, inhuman treatment, non-discrimination, due process and access to justice, free expression, privacy and family, and other freedoms. In some cases, state officials have at times strongly supported enhancing the effectiveness of rights protections. In others, the activities of the courts have generated significant political "backlash," leading state officials to act to curb the court's authority, or to exit the regime altogether. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.

International Human Rights in Context

Author : Henry J. Steiner
Publisher : Oxford University Press, USA
ISBN 13 : 019927942X
Total Pages : 1534 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis International Human Rights in Context by : Henry J. Steiner

Download or read book International Human Rights in Context written by Henry J. Steiner and published by Oxford University Press, USA. This book was released on 2008 with total page 1534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and updated to bring it up to date with recent events, this popular textbook incorporates a wide range of carefully edited materials from both primary and secondary sources.

LAW AND POLITICS OF INTERNATIONAL HUMAN RIGHTS COURTS

Author : ALEC. SANDHOLTZ STONE SWEET (WAYNE.)
Publisher :
ISBN 13 : 9780198925507
Total Pages : 0 pages
Book Rating : 4.9/5 (255 download)

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Book Synopsis LAW AND POLITICS OF INTERNATIONAL HUMAN RIGHTS COURTS by : ALEC. SANDHOLTZ STONE SWEET (WAYNE.)

Download or read book LAW AND POLITICS OF INTERNATIONAL HUMAN RIGHTS COURTS written by ALEC. SANDHOLTZ STONE SWEET (WAYNE.) and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of International Human Rights Protection

Author : Walter Kälin
Publisher : Oxford University Press, USA
ISBN 13 : 0198825684
Total Pages : 641 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Law of International Human Rights Protection by : Walter Kälin

Download or read book The Law of International Human Rights Protection written by Walter Kälin and published by Oxford University Press, USA. This book was released on 2019-08-29 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.

International Human Rights Institutions, Tribunals, and Courts

Author : Gerd Oberleitner
Publisher : Springer
ISBN 13 : 9789811052057
Total Pages : 390 pages
Book Rating : 4.0/5 (52 download)

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Book Synopsis International Human Rights Institutions, Tribunals, and Courts by : Gerd Oberleitner

Download or read book International Human Rights Institutions, Tribunals, and Courts written by Gerd Oberleitner and published by Springer. This book was released on 2018-10-27 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics. The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.

International Law: Politics and Values

Author : Louis Henkin
Publisher : BRILL
ISBN 13 : 9004633057
Total Pages : 389 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Law: Politics and Values by : Louis Henkin

Download or read book International Law: Politics and Values written by Louis Henkin and published by BRILL. This book was released on 2023-11-27 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume derives from a series of lectures delivered as the `general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from `conceptualism' to `functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.

Lawyers Beyond Borders

Author : Maria Armoudian
Publisher : University of Michigan Press
ISBN 13 : 047212904X
Total Pages : 263 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Lawyers Beyond Borders by : Maria Armoudian

Download or read book Lawyers Beyond Borders written by Maria Armoudian and published by University of Michigan Press. This book was released on 2021-09-07 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

The European Court of Human Rights Between Law and Politics

Author : Jonas Christoffersen
Publisher : Oxford University Press
ISBN 13 : 0199694494
Total Pages : 255 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The European Court of Human Rights Between Law and Politics by : Jonas Christoffersen

Download or read book The European Court of Human Rights Between Law and Politics written by Jonas Christoffersen and published by Oxford University Press. This book was released on 2011-06-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.

Saving the International Justice Regime

Author : Courtney Hillebrecht
Publisher : Cambridge University Press
ISBN 13 : 1009059556
Total Pages : 255 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Saving the International Justice Regime by : Courtney Hillebrecht

Download or read book Saving the International Justice Regime written by Courtney Hillebrecht and published by Cambridge University Press. This book was released on 2021-09-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?

Research Handbook on the Politics of International Law

Author : Wayne Sandholtz
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473983
Total Pages : 609 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on the Politics of International Law by : Wayne Sandholtz

Download or read book Research Handbook on the Politics of International Law written by Wayne Sandholtz and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

International Courts and Domestic Politics

Author : Marlene Wind
Publisher : Cambridge University Press
ISBN 13 : 1108427766
Total Pages : 373 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Courts and Domestic Politics by : Marlene Wind

Download or read book International Courts and Domestic Politics written by Marlene Wind and published by Cambridge University Press. This book was released on 2018-07-12 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.

The New Terrain of International Law

Author : Karen J. Alter
Publisher :
ISBN 13 : 9780691154749
Total Pages : 0 pages
Book Rating : 4.1/5 (547 download)

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Book Synopsis The New Terrain of International Law by : Karen J. Alter

Download or read book The New Terrain of International Law written by Karen J. Alter and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Domestic Politics and International Human Rights Tribunals

Author : Courtney Hillebrecht
Publisher : Cambridge University Press
ISBN 13 : 1107471109
Total Pages : 207 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Domestic Politics and International Human Rights Tribunals by : Courtney Hillebrecht

International Human Rights Law

Author : Olivier De Schutter
Publisher : Cambridge University Press
ISBN 13 : 1139993267
Total Pages : 1123 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis International Human Rights Law by : Olivier De Schutter

Download or read book International Human Rights Law written by Olivier De Schutter and published by Cambridge University Press. This book was released on 2014-08-07 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading textbook on international human rights law is now better than ever. The content has been fully updated and now provides more detailed coverage of substantive human rights, along with new sections on the war on terror and on the progressive realization of economic and social rights, making this the most comprehensive book in the field. It has a new, more student-friendly text design and has retained the features which made the first edition so engaging and accessible, including the concise and critical style, and questions and case studies within each chapter, as well as suggestions for further reading. Written by De Schutter, whose extensive experience working in the field and teaching the subject in both the US and EU gives him a unique perspective and valuable insight into the requirements of lecturers and students. This is an essential tool for all students of international human rights law.

International Human Rights in Context

Author : Henry J. Steiner
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 1300 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis International Human Rights in Context by : Henry J. Steiner

Download or read book International Human Rights in Context written by Henry J. Steiner and published by Oxford University Press, USA. This book was released on 1996 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major work offers a range of new cases and materials which help to explain the law of human rights in a broad context.

Regional Courts, Domestic Politics, and the Struggle for Human Rights

Author : Jillienne Haglund
Publisher : Cambridge University Press
ISBN 13 : 1108808115
Total Pages : 345 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Regional Courts, Domestic Politics, and the Struggle for Human Rights by : Jillienne Haglund

Download or read book Regional Courts, Domestic Politics, and the Struggle for Human Rights written by Jillienne Haglund and published by Cambridge University Press. This book was released on 2020-06-25 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite substantial growth in past decades, international human rights law faces significant enforcement challenges and threats to legitimacy in many parts of the world. Regional human rights courts, like the European and Inter-American Courts of Human Rights, represent unique institutions that allow individuals to file formal complaints with an international legal body and render judgments against states. In this book, Jillienne Haglund focuses on regional human rights court deterrence, or the extent to which adverse judgments discourage the commission of future human rights abuses. She argues that regional court deterrence is more likely when the chief executive has the capacity and willingness to respond to adverse regional court judgments. Drawing comparisons across Europe and the Americas, this book uses quantitative data analyses, supplemented with qualitative evidence from many adverse judgments, to explain the conditions under which regional courts deter future rights abuses.