
The Law and Politics of International Human Rights Courts
The Dilemma of Effectiveness
Oxford University Press
Published on 15. August 2024
Book
Paperback/Softback
304 pages
978-0-19-892550-7 (ISBN)
Description
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.
More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Product notice
Paperback (trade)
Unsewn / adhesive bound
Dimensions
Height: 235 mm
Width: 158 mm
Thickness: 17 mm
Weight
485 gr
ISBN-13
978-0-19-892550-7 (9780198925507)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Alec Stone Sweet is Sir Y. K. Pao Chair at the University of Hong Kong, and has previously held chaired professorships at the National University of Singapore, Yale University, and Nuffield College, Oxford. He works in the fields of comparative and international law, and comparative and international politics, with a focus on dispute resolution, law, and courts.
Wayne Sandholtz holds the John A. McCone Chair and is Professor of International Relations and Law at the University of Southern California. His research addresses human rights treaties and courts, international norms, authoritarianism, and the rule of law.
Wayne Sandholtz holds the John A. McCone Chair and is Professor of International Relations and Law at the University of Southern California. His research addresses human rights treaties and courts, international norms, authoritarianism, and the rule of law.
Author
Sir Y. K. Pao Chair, Faculty of LawSir Y. K. Pao Chair, Faculty of Law, University of Hong Kong
John A. McCone Chair in International RelationsJohn A. McCone Chair in International Relations, University of Southern California
Content
1: Introduction
2: The European Court of Human Rights
3: The Inter-American System of Human Rights
4: The African Regional Courts
5: Absolute Rights
6: The Qualified Rights
7: The Dilemma of Effectiveness
2: The European Court of Human Rights
3: The Inter-American System of Human Rights
4: The African Regional Courts
5: Absolute Rights
6: The Qualified Rights
7: The Dilemma of Effectiveness