Research Handbook on Compliance in International Human Rights Law by Rainer Grot

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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.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Author Biography

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, Department of Law, University of Foggia, Italy

Table of Contents

Contents:Preface xiiiList of abbreviations xiv1 Compliance in international human rights law: issues, concept, methodology 1Rainer Grote, Mariela Morales Antoniazzi and Davide ParisPART I EUROPE2 Securing the survival of the system: the legal and institutionalarchitecture to supervise compliance with the ECtHR's judgments 12Raffaela Kunz3 The ECHR as a constitutional rights catalogue: compliance in Austria 42Christina Binder and Philipp Janig4 Compliance in France: a 'dialogue without words' 58Laurence Burgorgue-Larsen5 Under the watchful eyes of the Federal Constitutional Court:compliance in Germany 75Nicola Wenzel6 The chances of observing human rights in an illiberal state: diagnosis ofHungary 95Eszter Polgári and Boldizsár Nagy7 Changing me softly? Actors, tools and techniques of internationalhuman rights compliance in Italy 121Giorgio Repetto8 Assessing Russia's responses to judgments of the European Court ofHuman Rights: from (non)-compliance to defiance 136Ausra Padskocimaite9 The 'indirect constitutionalization' of international human rights law in Spain 183Encarna Carmona Cuenca and Sara Turturro Pérez de los Cobos10 Compliance in the UK in the 'age of subsidiarity' 202Alice DonaldPART II LATIN AMERICA11 Compliance as transformation: the Inter-American System of HumanRights and its impact(s) 225Rene Urueña12 Argentina: strong linkage between IHRL and domestic law 248Laura Clérico and Celeste Novelli13 A multi-level process: compliance with international human rights lawin Brazil 272Flávia Piovesan and Julia Cortez da Cunha Cruz14 Chile: compliance after 'kind' reminders 289Judith Schönsteiner and Marcela Zúñiga15 Compliance with international human rights obligations in Colombia:assessing the normative evolution and practical challenges 313Juana Acosta-López and Giovanny Vega-Barbosa16 Reparation without access to justice: the incomplete compliance withthe judgments of the Inter-American Court of Human Rights in Mexico 329Guillermo E. Estrada Adán and Patricia Cruz Marín17 Venezuela: from the structural non-compliance with judgments ofthe IACtHR to the denunciation of the ACHR and the OAS Charter(a pending matter for a future democratic state) 346Carlos Ayala CoraoPART III AFRICA18 Forging a credible African system of human rights protection byovercoming state resistance and institutional weakness: compliance ata crossroads 362Frans Viljoen19 Compliance with international human rights decisions in Cameroon:mechanisms in place but a lack of transparency 391Debra Long20 A pick and pay approach: Burkina Faso's compliance with internationalhuman rights law 407Kounkinè Augustin SoméPART IV THE UN HUMAN RIGHTS SYSTEM – THE CASE OF THE ICCPR21 Compliance monitoring under the International Covenant on Civil andPolitical Rights 425Anja Seibert-Fohr and Christine WenigerPART V CROSS-CUTTING ISSUES22 A dialogue with the deaf? The political branches as compliance partners 449Rainer Grote23 Judicial compliance in the regional human rights systems 465Davide Paris24 NGOs: A critical link to understanding and strengthening compliance ofinternational decisions 484Mariela Morales Antoniazzi and Viviana Krsticevic25 Conclusion: moving beyond compliance without neglecting compliancein international human rights law 509Rainer Grote, Mariela Morales Antoniazzi and Davide ParisIndex

Review

'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'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 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

Review Quote

'This 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.'

Details ISBN1788971116 Language English Year 2021 ISBN-10 1788971116 ISBN-13 9781788971119 Format Hardcover Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Human Rights series Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Pages 576 Publication Date 2021-10-26 AU Release Date 2021-10-26 NZ Release Date 2021-10-26 UK Release Date 2021-10-26 Author Mariela Morales Antoniazzi Edited by Davide Paris DEWEY 341.48 Audience Professional & Vocational We've got this

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