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 debate around humanitarian intervention and the responsibility to protect generally concerns a collective action problem on the international level: motivating states to participate in a multilateral coalition to stop a mass atrocity. This debate presupposes that states enjoy a domestic consensus about their rights and responsibilities to intervene. This article reconsiders this assumption and examines the sources of domestic political will for intervention, particularly the role of partisanship, ideology, and public opinion on Congressional members' willingness to support US intervention for humanitarian purposes. We analyze several Congressional votes relevant to four episodes of US humanitarian intervention: Somalia, Haiti, Bosnia, and Kosovo. We find that public support for humanitarian intervention increases Congressional support and that other political demands, primarily partisanship and ideological distance from the president, often trump the normative exigencies of intervention. Our findings shed light on the domestic political dynamics behind humanitarian intervention and can help explain why some recent humanitarian missions have proceeded without seeking Congressional approval.
In their rulings, international human rights tribunals frequently ask states to engage in costly compliance measures ranging from paying reparations to victims to changing domestic human rights laws and practices. The tribunals, however, have little enforcement or oversight capacity. The responsibility for compliance falls to domestic actors: executives, legislators, and judiciaries. Through nuanced case studies of the compliance process in Argentina, Brazil, and Colombia, this article suggests that compliance with the Inter-American human rights tribunals' rulings depends on executives' political will for compliance and their ability to build pro-compliance coalitions with judges and legislators.
When international human rights tribunals like the European Court of Human Rights find states responsible for human rights abuses, they ask governments to pay reparation to the victims, engage in symbolic measures, and enact the policy changes necessary to ensure that the violations do not recur. This article considers the conditions under which states comply with these rulings, especially when the tribunals are unable and often unwilling to provide strict enforcement. This article extends current theories about the domestic politics of compliance with international human rights law to the case of the European Court of Human Rights. This article analyzes a new, hand-coded data set on states' compliance with over 1000 discrete obligations handed down by the European Court of Human Rights that ask states to change their human rights policies. The results of these analyses suggest that robust domestic institutions, particularly executive constraints, are the key to compliance with the European Court of Human Rights. When domestic institutions enforce the Court's rulings, the results can be significant changes in states' human rights policies and practices.
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