<i>‘This Research Handbook offers a paradigmatic shift towards understanding compliance through the lenses of social impact. A precise and novel examination of forms of non-compliance and contested international human rights norms leads to a broader analytical framework on processes of transformation. In particular, the compelling comparative review of emerging interactions between the three international human rights courts offers an exceptional account of a dialogical international human rights protection. This book is a guide for future research and a renewed understanding of compliance.’</i>

- Eduardo Ferrer Mac-Gregor, Judge of the Inter-American Court of Human Rights,

<i>‘This wide-ranging Research Handbook touches on the many facets of compliance across the world’s main human rights systems, with special attention to the roles played by different actors: local and transnational civil society, international organizations, and the many different levels of actors within the state. With a rich array of country studies alongside system-level analyses, it is an essential and thought-provoking resource for human rights scholars and practitioners. It will also be of interest to those interested in the impact of international law and organizations more generally. Ultimately, compliance to human rights judgments and resolutions is a complex and all-too-human political process. This Research Handbook beautifully captures its messiness as well as its potential.’</i>

- Alexandra Huneeus, University of Wisconsin-Madison, US,

<i>‘This Handbook provides a fresh look at non-compliance in international human rights law. It is indispensable for all those who want to understand the problems underlying non-compliance, the dynamics of the different actors involved, and the range of options available for tackling non-implementation. The book’s key features include its stringent structure, its well-elaborated comparative approach, and its thought-provoking ideas for combatting neglectful state attitudes. This book sets a new standard for the state of the art in compliance research.’</i>

- Helen Keller, University of Zurich, Switzerland and former Judge of the European Court of Human Rights,

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.

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Contents: Preface xiii List of abbreviations xiv 1 Compliance in international human rights law: issues, concept, methodology 1 Rainer Grote, Mariela Morales Antoniazzi and Davide Paris PART I EUROPE 2 Securing the survival of the system: the legal and institutional architecture to supervise compliance with the ECtHR’s judgments 12 Raffaela Kunz 3 The ECHR as a constitutional rights catalogue: compliance in Austria 42 Christina Binder and Philipp Janig 4 Compliance in France: a ‘dialogue without words’ 58 Laurence Burgorgue-Larsen 5 Under the watchful eyes of the Federal Constitutional Court: compliance in Germany 75 Nicola Wenzel 6 The chances of observing human rights in an illiberal state: diagnosis of Hungary 95 Eszter Polgári and Boldizsár Nagy 7 Changing me softly? Actors, tools and techniques of international human rights compliance in Italy 121 Giorgio Repetto 8 Assessing Russia’s responses to judgments of the European Court of Human Rights: from (non)-compliance to defiance 136 Ausra Padskocimaite 9 The ‘indirect constitutionalization’ of international human rights law in Spain 183 Encarna Carmona Cuenca and Sara Turturro Pérez de los Cobos 10 Compliance in the UK in the ‘age of subsidiarity’ 202 Alice Donald PART II LATIN AMERICA 11 Compliance as transformation: the Inter-American System of Human Rights and its impact(s) 225 Rene Urueña 12 Argentina: strong linkage between IHRL and domestic law 248 Laura Clérico and Celeste Novelli 13 A multi-level process: compliance with international human rights law in Brazil 272 Flávia Piovesan and Julia Cortez da Cunha Cruz 14 Chile: compliance after ‘kind’ reminders 289 Judith Schönsteiner and Marcela Zúñiga 15 Compliance with international human rights obligations in Colombia: assessing the normative evolution and practical challenges 313 Juana Acosta-López and Giovanny Vega-Barbosa 16 Reparation without access to justice: the incomplete compliance with the judgments of the Inter-American Court of Human Rights in Mexico 329 Guillermo E. Estrada Adán and Patricia Cruz Marín 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) 346 Carlos Ayala Corao PART III AFRICA 18 Forging a credible African system of human rights protection by overcoming state resistance and institutional weakness: compliance at a crossroads 362 Frans Viljoen 19 Compliance with international human rights decisions in Cameroon: mechanisms in place but a lack of transparency 391 Debra Long 20 A pick and pay approach: Burkina Faso’s compliance with international human rights law 407 Kounkinè Augustin Somé PART IV THE UN HUMAN RIGHTS SYSTEM – THE CASE OF THE ICCPR 21 Compliance monitoring under the International Covenant on Civil and Political Rights 425 Anja Seibert-Fohr and Christine Weniger PART V CROSS-CUTTING ISSUES 22 A dialogue with the deaf? The political branches as compliance partners 449 Rainer Grote 23 Judicial compliance in the regional human rights systems 465 Davide Paris 24 NGOs: A critical link to understanding and strengthening compliance of international decisions 484 Mariela Morales Antoniazzi and Viviana Krsticevic 25 Conclusion: moving beyond compliance without neglecting compliance in international human rights law 509 Rainer Grote, Mariela Morales Antoniazzi and Davide Paris Index
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Produktdetaljer

ISBN
9781788971119
Publisert
2021-10-26
Utgiver
Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
576

Biografisk notat

Edited by Rainer Grote, Senior Research Fellow, Mariela Morales Antoniazzi, Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany and Davide Paris, Assistant Professor of Constitutional Law, Department of Law, University of Foggia, Italy