Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights

The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR??s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court??s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR??s judgments. Using case studies from the UK and Russia, this article identifies two factors that are critical for the domestic implementation of the Court??s rulings: strong domestic, democratic institutions dedicated to implementing the ECtHR??s judgments and an overarching sense of responsibility to set a good example at home and abroad for respecting human rights and the rule of law. This article concludes with a discussion of the steps necessary to facilitate better implementation of the ECtHR??s rulings.     

Legislative Veto Players and the Effects of International Human Rights Agreements

Do national legislatures constitute a mechanism by which commitments to international human rights treaties can be made credible? Treaty ratification can activate domestic mechanisms that make repression more costly, and the legislative opposition can enhance these mechanisms. Legislative veto players raise the cost of formalistic repressive strategies by declining to consent to legislation. Executives can still choose to rely on more costly, extralegal strategies, but these could result in severe penalties for the leader and require the leader to expend resources to hide. Especially in treaty member‐states, legislatures can use other powers to also increase the cost of extralegal violations, which can further reduce repression. By using an empirical strategy that attempts to address the selection effects in treaty commitment decisions, I show that positive effects of human rights treaties increase when there are more legislative veto players.     

Delivering Lasting Peace, Democracy and Human Rights in Times of Transition: The Role of International Law

¹The increasing scope of international legal regulation, particularlyin the field of human rights, has facilitated the impositionof sustained policies of domestic reform aimed at entrenchinginternationally accepted standards of governance in transitionalsocieties. At the point of such societal change, however, thesymbolism of who makes and enforces the law is important. Thequestion of the relationship between national and internationallaw is therefore one that bears scrutiny. This article examinesthe theoretical basis upon which such policies are based, namelythe idea of a liberal peace, considering the extent to whichthe blanket implementation of international standards can addressthe need of transitional societies to reestablish the legitimacyof both political and legal authority in order to ensure thefuture protection of human rights.     

Norms and Human Rights in International Relations

The three volumes on human rights reviewed here constitute the first wave of in-depth case studies of human rights from a constructivist approach in international relations. By acknowledging the theoretical contributions of these works, identifying their shortcomings and engaging in critiques of the authors' conceptions of identity and norms, this article provides direction for future studies on human rights through the constructivist framework.
Foot, R. (2000) Rights Beyond Borders: The Global Community and the Struggle Over Human Rights in China . Oxford: Oxford University Press.
Risse, T., Ropp, S. C. and Sikkink, K. (eds) (1999) The Power of Human Rights: International Norms and Domestic Change . Cambridge: Cambridge University Press.
Thomas, D. C. (2001) The Helsinki Effect: International Norms, Human Rights, and the Demise of Communism . Princeton NJ: Princeton University Press.     

The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia

Recent efforts to develop and implement progressive models oftransitional justice have been significantly influenced by majordevelopments in the law concerning sexual violence in armedconflict. In particular, the International Criminal Tribunalfor the former Yugoslavia has pioneered accountability for sexualviolence against women in armed conflict. This article takesthe ICTY as a case study of how gender can structure the accountabilitymechanisms of transitional justice. The article analyses howlegal norms and practices instantiate and reiterate, ratherthan transform, existing hierarchical gender relations. It considersthe existing models of sexual violence as a criminal harm underinternational law, and then examines gendered patterns of legalpractice in ICTY prosecutions. To address this engendering oftransitional justice, the article produces a new model of theharm of sexual violence in conflict, suggests the developmentof a new international offence of sexual violence and generatesdifferent strategies for international prosecutions of sexualviolence.     

Human Rights Reporting: Rights,Responsibilities, and Challenges

This essay critically examines the intersections between news media and human rights in the context of the existing human rights framework. A survey of the fundamental provisions of international human rights law and of the evolving case law of human rights organs relating to media freedom and responsibilities reveals that existing gaps and underspecified obligations render problematic the normative guidance offered by the framework in addressing the pertinent human rights issues. However, this is part of the story. The problems associated with normative guidance are compounded by media practitioners’ contending approaches on the role of the media as “promoters of human rights.” The interplay between these factors is then examined through the prism of the two communities’ converging commitment to “truth-seeking.” This commitment can provide entry points to a more constructive engagement between the news media and the human rights community.     

Compliance and Non-compliance with International Human Rights Standards: Overplaying the Cultural

This paper interrogates a ‘positive’ view of culture’s (potential) role in widening compliance with international human rights standards, which (1) concentrates on the ‘cultural’ bases of conflict over rights and, in consequence, (2) focuses primarily on cultural interpretation as a means of achieving greater respect for rights norms. The thrust of the paper is that the relationship between culture and human rights norms is much more complex than this positive perspective implies and, this being so, that some of its claims about the potential benefits of cultural interpretation for widening rights compliance are hard to sustain. I substantiate this argument by exploring five challenges to this approach.     

国际人权保护与尊重国家主权

国际人权保护是现今国际人权活动中的一项重要内容。以美国为首的西方国家把国际人权保护同尊重国家主权的原则对立起来,为其干涉别国内政制造借口。其实,国际人权保护与尊重国家主权是一致的。国家主权没有过时,国际人权保护以尊重国家主权为前提,不能以人权为借口干涉别国内政,国际干预也不能单方面地进行。     

Domestic Attitudes Towards International Jurisdiction over Human Rights Violations

Building on research regarding the influence of national identity salience on attitudes towards international institutions and the impact of nationalism on foreign policy preferences, in a case study of America, I explore the role of chauvinistic nationalism to understand its impact on attitudes towards international jurisdiction of punishment for alleged human rights violations by members of the American military. Using binomial regression of survey responses from the 2014 Cooperative Congressional Election Study, I find that respondents with higher levels of chauvinistic nationalist sentiment also have higher levels of opposition to the jurisdiction of international legal institutions to prosecute members of a nation’s military. This study is the first of its kind to offer a systematic and multivariate explanation for public opinion towards the jurisdiction of international human rights institutions over a nation’s armed forces using national survey data.