By Courtney Hillebrecht
Foreign politics has develop into more and more legalized during the last fifty years, restructuring the way in which that states have interaction with one another, with overseas associations, or even with their very own ingredients. the realm subjected to the main excessive restructuring has might be been human rights. the increase of the foreign legalization of human rights now allows person materials to take human rights claims opposed to their governments at foreign courts comparable to the ecu and Inter-American Courts of Human Rights. This booklet brings jointly theories of compliance from overseas legislation, human rights, and diplomacy to give an explanation for the more and more vital phenomenon of states' compliance with human rights tribunals' rulings. The crucial argument of the booklet is that compliance with foreign human rights tribunals' rulings is an inherently family affair. It posits 3 overarching questions: First, why do states conform to human rights tribunals' rulings? moment, how does the compliance approach spread and what are the family political concerns round compliance? 3rd, what influence does compliance have at the defense of human rights? This booklet solutions those questions via a mixture of quantitative analyses and in-depth case experiences from Argentina, Brazil, Colombia, Italy, Portugal, Russia, and the uk.
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Additional resources for Domestic Politics and International Human Rights Tribunals: The Problem of Compliance
4 (2007): 28–59; Ellen L. Lutz and Kathryn Sikkink, “International Human Rights Law and Practice in Latin America,” International Organization 54, no. , The Power of Human Rights. New research on national human rights institutions (NHRIs) suggests that these institutions can also be a mobilizing force for human rights. , Human Rights, State Compliance, and Social Change (Cambridge University Press, 2011). Keck and Sikkink, Activists Beyond Borders; Emilie Hafner-Burton, “Sticks and Stones: Naming and Shaming the Human Rights Enforcement Problem,” International Organization 62, no.
Process tracing is a social-scientific research method that tests general hypotheses and expectations against particular cases. In the chapters that follow, for example, the general hypotheses are the three causal mechanisms outlined in Chapter 2, and the cases are the country studies. The analyses in the chapters that follow rely on what are known as “smoking gun” tests. “Smoking gun” tests look for evidence of particular causal processes. 28 This 28 James Mahoney, “The Logic of Process Tracing Tests in the Social Sciences,” Sociological Methods & Research 41, no.
When human rights tribunals hand down their rulings, they address the government of the state in question, particularly the executive. Most states send members of the executive branch, usually from the foreign ministry, as envoys to deal with the tribunals. In that way, the executive is the first point of contact for the tribunals, and conversely, the actor ultimately responsible for compliance. 10 Once the ruling has been issued, the executive usually distributes the work for compliance among the various elements of the state.