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Domestic Politics and International Human Rights Tribunals

2014-02-10 Law
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Release : 2014-02-10
Genre : Law
Kind : eBook
Book Rating : 221/5 ( reviews)

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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. This book was released on 2014-02-10. 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

2024-08-15 Political Science
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Release : 2024-08-15
Genre : Political Science
Kind : eBook
Book Rating : 221/5 ( reviews)

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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. This book was released on 2024-08-15. 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.

LAW AND POLITICS OF INTERNATIONAL HUMAN RIGHTS COURTS

2024
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Release : 2024
Genre :
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Book Rating : 507/5 ( reviews)

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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.). This book was released on 2024. Available in PDF, EPUB and Kindle. Book excerpt:

The New Terrain of International Law

2014-01-26 Political Science
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Release : 2014-01-26
Genre : Political Science
Kind : eBook
Book Rating : 759/5 ( reviews)

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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. This book was released on 2014-01-26. Available in PDF, EPUB and Kindle. Book excerpt: A compelling new look at the role of today's international courts 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.

The Law of International Human Rights Protection

2019-08-29 Law
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Release : 2019-08-29
Genre : Law
Kind : eBook
Book Rating : 684/5 ( reviews)

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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. This book was released on 2019-08-29. 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.

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