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Compliance and Legitimacy of International Human Rights Courts

Democracy
UN
Courts
Council of Europe
Decision Making
Domestic Politics
Mixed Methods
Political Regime
P075
Katarina Sipulova
Masaryk University
Andreas von Staden
Universität Hamburg
David Kosar
Masaryk University
Juan Antonio Mayoral
Universidad Carlos III de Madrid
Law and Courts

Building: VMP 9, Floor: 2, Room: 27

Thursday 09:00 - 10:40 CEST (23/08/2018)

Abstract

The aim of the panel is to trace the newest research development and challenges regarding the ECtHR and UN human rights treaty bodies. The research on human rights commitments has considerably evolved over the last decade. The growing interest is understandable given the knotty puzzle: the ratification of human rights treaties has become a standard behaviour in the international arena. The understanding how states make their commitment decisions to HR treaties is of utmost importance for the research on compliance and consequently for practical issues such as a proper design of HR treaties and their monitoring bodies. Current international HR treaties encompass a sizable number of bodies overseeing the compliance. States employ different techniques in order to lessen the effect of the HR treaty compliance control, and hence, limit eventual threat of retaliation and reputational costs. The panel “Compliance and Legitimacy of International HR Courts” addresses so-far unexplored areas of international HR regimes. First, it examines how different political regimes commit to HR treaties with different strength of compliance control (treaties establishing monitoring bodies and courts with different competences). Then, it looks more closely on how the character of the treaty body and legal strength of its decisions influences compliance patterns. The European Court of Human Rights undoubtedly belongs among the most significant and influential international HR treaty bodies. The second part of the panel therefore engages in more detail with domestic actors fostering its effectiveness and legitimacy (looking in particular at the interaction between ECtHR and domestic judiciary), as well as with potential threats and backlash the ECtHR faces from governments due to some of its more invasive or politically salient decisions. The panel therefore analyses how international HR courts could respond to non-compliance and legitimacy threats.

Title Details
On the Causal Significance of Legal Status: Comparing Compliance with Binding and Non-Binding Decisions of International Human Rights Supervisory Bodies View Paper Details
Political Resistance and ECtHR Decision-Making View Paper Details
Beyond Compliance – Judicial Implementation of the Strasbourg Case Law View Paper Details
Understanding Adoption of International Human Rights Treaties: Political Regimes and Modification of Compliance Control View Paper Details
International Courts and the Politics of Legitimation View Paper Details