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Domestic Politics and International Human Rights Tribunals
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Saving the International Justice Regime
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Saving the International Justice Regime
This book provides a framework for understanding backlash against the international justice regime and how to save it.
State Responses to Human Security
The aim of this book is to analyse why and how states respond to human security, both at home and abroad. Although states still define security as "the defense of territory" from military attack, increasingly security pertains to the protection of human beings from violence. This violence can emerge from rebels, drug traffickers, terrorism, and even environmental and demographic changes. While previous literature in this field has provided rich empirical detail about human security crises, it is generally quiet about how states respond to these crises. State Responses to Human Security fills this lacuna by bringing in concepts from international security studies and focusing on states’ per...
Innovation in Pedagogy and Technology Symposium
University of Nebraska Information Technology Services (NU ITS) and University of Nebraska Online (NU Online) present an education and technology symposium each spring. The Innovation in Pedagogy and Technology Symposium provides University of Nebraska (NU) faculty and staff the opportunity to learn from nationally recognized experts, share their experiences and learn from the initiatives of colleagues from across the system. Technology has forever changed the landscape of higher education and continues to do so-often at a rapid pace. At the University of Nebraska, we strive to embrace technology to enhance both teaching and learning, to provide key support systems and meet institutional goals.
Research Handbook on Implementation of Human Rights in Practice
Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.
How International Law Works in Times of Crisis
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law con...
The Inter-American Human Rights System
At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book s...
The Duty to Investigate in Situations of Armed Conflict
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
Between Forbearance and Audacity
When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.
