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Research Handbook on Compliance in International Human Rights Law

Edited by: Rainer Grote, Mariela Morales Antoniazzi, Davide Paris

ISBN13: 9781788971119
Published: October 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £240.00



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.

Contents:
Preface
List of abbreviations
1. Compliance in international human rights law: issues, concept, methodology
Rainer Grote, Mariela Morales Antoniazzi and Davide Paris
PART I. EUROPE
2. Securing the survival of the system: the legal and institutional architecture to supervise compliance with the ECtHR’s judgments
Raffaela Kunz
3. The ECHR as a constitutional rights catalogue: compliance in Austria
Christina Binder and Philipp Janig
4. Compliance in France: a ‘dialogue without words’
Laurence Burgorgue-Larsen
5. Under the watchful eyes of the Federal Constitutional Court: compliance in Germany
Nicola Wenzel
6. The chances of observing human rights in an illiberal state: diagnosis of Hungary
Eszter Polgári and Boldizsár Nagy
7. Changing me softly? Actors, tools and techniques of international
human rights compliance in Italy
Giorgio Repetto
8. Assessing Russia’s responses to judgments of the European Court of Human Rights: from (non)-compliance to defiance
Ausra Padskocimaite
9. The ‘indirect constitutionalization’ of international human rights law in Spain
Encarna Carmona Cuenca and Sara Turturro Pérez de los Cobos
10. Compliance in the UK in the ‘age of subsidiarity’
Alice Donald
PART II. LATIN AMERICA
11. Compliance as transformation: the Inter-American System of Human Rights and its impact(s)
Rene Urueña
12. Argentina: strong linkage between IHRL and domestic law
Laura Clérico and Celeste Novelli
13. A multi-level process: compliance with international human rights law in Brazil
Flávia Piovesan and Julia Cortez da Cunha Cruz
14. Chile: compliance after ‘kind’ reminders
Judith Schönsteiner and Marcela Zúñiga
15. Compliance with international human rights obligations in Colombia: assessing the normative evolution and practical challenges
Juana Acosta-López and Giovanny Vega-Barbosa
16. Reparation without access to justice: the incomplete compliance with the judgments of the Inter-American Court of Human Rights in Mexico
Guillermo E. Estrada Adán and Patricia Cruz Marín
17. Venezuela: from the structural non-compliance with judgments of the IACtHR to the denunciation of the ACHR and the OAS Charter (a pending matter for a future democratic state)
Carlos Ayala Corao
PART III. AFRICA
18. Forging a credible African system of human rights protection by overcoming state resistance and institutional weakness: compliance at a crossroads
Frans Viljoen
19. Compliance with international human rights decisions in Cameroon: mechanisms in place but a lack of transparency
Debra Long
20. A pick and pay approach: Burkina Faso’s compliance with international human rights law
Kounkinè Augustin Somé
PART IV. THE UN HUMAN RIGHTS SYSTEM – THE CASE OF THE ICCPR
21. Compliance monitoring under the International Covenant on Civil and Political Rights
Anja Seibert-Fohr and Christine Weniger
PART V. CROSS-CUTTING ISSUES
22. A dialogue with the deaf? The political branches as compliance partners
Rainer Grote
23. Judicial compliance in the regional human rights systems
Davide Paris
24. NGOs: A critical link to understanding and strengthening compliance of international decisions
Mariela Morales Antoniazzi and Viviana Krsticevic
25. Conclusion: moving beyond compliance without neglecting compliance in international human rights law
Rainer Grote, Mariela Morales Antoniazzi and Davide Paris
Index