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Research Handbook on Compliance in International Human Rights Law

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Research Handbook on Compliance in International Human Rights Law

9781788971119 Edward Elgar Publishing
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, Law Department, University of Foggia, Italy
Publication Date: October 2021 ISBN: 978 1 78897 111 9 Extent: c 592 pp
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.

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Critical Acclaim
Contributors
Contents
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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.
Critical Acclaim
‘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.’
– Eduardo Ferrer Mac-Gregor, Judge of the Inter-American Court of Human Rights, Costa Rica

‘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.’
– Alexandra Huneeus, University of Wisconsin-Madison, US

‘This Research 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.’
– Helen Keller, University of Zurich, Switzerland and former Judge of the European Court of Human Rights
Contributors
Contributors include: Juana Acosta-López, Carlos Ayala Corao, Christina Binder, Laurence Burgorgue-Larsen, Encarna Carmona Cuenca, Laura Clérico, Julia Cortez da Cunha Cruz, Patricia Cruz Marín, Alice Donald, Guillermo E. Estrada Adán, Rainer Grote, Philipp Janig, Viviana Krsticevic, Raffaela Kunz, Debra Long, Mariela Morales Antoniazzi, Boldizsár Nagy, Celeste Novelli, Ausra Padskocimaite, Davide Paris, Flávia Piovesan, Eszter Polgári, Giorgio Repetto, Judith Schönsteiner, Anja Seibert-Fohr, Kounkinè Augustin Somé, Sara Turturro Pérez de los Cobos, Rene Urueña, Giovanny Vega-Barbosa, Frans Viljoen, Christine Weniger, Nicola Wenzel, Marcela Zúñiga
Contents
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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