Research Handbook on Compliance in International Human Rights Law (Research Handbooks in Human Rights series)

This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries. Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in the assessment of regional human rights regimes. Chapters written by leading scholars and practitioners from around the globe cover a wide range of jurisdictions from Europe, Latin America and Africa and their interactions with regional human rights courts. The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law. Scholars, students and practitioners of public international law, international human rights law and comparative law will find this Research Handbook an invaluable resource. It will also benefit officials and lawyers working with international organisations who deal with human rights issues on a regular basis. Cover Copyright Contents Contributors Preface Abbreviations 1 Compliance in international human rights law: issues, concept, methodology PART I EUROPE 2 Securing the survival of the system 3 The ECHR as a constitutional rights catalogue: compliance in Austria 4 Compliance in France: a ‘dialogue without words’ 5 Under the watchful eyes of the Federal Constitutional Court 6 The chances of observing human rights in an illiberal state 7 Changing me softly? 8 Assessing Russia’s responses to judgments of the European Court of Human Rights: from compliance to defiance 9 The ‘indirect constitutionalization’ of international human rights law in Spain 10 Compliance in the UK in the ‘age of subsidiarity’ PART II LATIN AMERICA 11 Compliance as transformation 12 Argentina: strong linkage between IHRL and domestic law 13 A multi-level process 14 Chile: compliance after ‘kind’ reminders 15 Compliance with international human rights obligations in Colombia 16 Reparation without access to justice 17 Venezuela: from the structural non-compliance with judgments of the IACtHR to the denunciation of the ACHR and the OAS Charter (a pending matter for a future democratic state) PART III AFRICA 18 Forging a credible African system of human rights protection by overcoming state resistance and institutional weakness: compliance at a crossroads 19 Compliance with international human rights decisions in Cameroon 20 A pick and pay approach PART IV THE UN HUMAN RIGHTS SYSTEM – THE CASE OF THE ICCPR 21 Compliance monitoring under the International Covenant on Civil and Political Rights PART V CROSS-CUTTING ISSUES 22 A dialogue with the deaf? The political branches as compliance partners 23 Judicial compliance in the regional human rights systems 24 NGOs: a critical link to understanding and strengthening compliance of international decisions 25 Conclusion: moving beyond compliance without neglecting compliance in international human rights law Index "This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries. Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in their assessment of regional human rights regimes. Chapters written by leading scholars and practitioners from around the globe cover a wide range of jurisdictions from Europe, Latin America and Africa and their interactions with regional human rights courts. The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law. Scholars, students, and practitioners of public international law, international human rights law and comparative law will find this Research Handbook an invaluable resource. It will also benefit diplomats and lawyers working with international organisations who deal with human rights issues on a regular basis"-- Provided by publisher.