Regional Courts, Domestic Politics, and the Struggle for Human Rights

International human rights law faces enforcement challenges and threats to legitimacy. Regional human rights courts, such as the European and Inter-American Courts of Human Rights, allow individuals to file formal complaints and render judgments against states. Jillienne Haglund's book focuses on regional human rights court deterrence, arguing that adverse judgments are more likely to discourage future human rights abuses when the chief executive has the capacity and willingness to respond.

Format: Paperback / softback
Length: 343 pages
Publication date: 07 July 2022
Publisher: Cambridge University Press

International human rights law has experienced substantial growth in recent decades, yet it faces significant challenges and threats to its legitimacy in many parts of the world. Regional human rights courts, such as the European and Inter-American Courts of Human Rights, are unique institutions that provide individuals with the opportunity to file formal complaints against states and receive judgments from an international legal body. In her book, Jillienne Haglund delves into the topic of regional human rights court deterrence, which explores the extent to which adverse judgments discourage the commission of future human rights abuses.

Haglund argues that regional court deterrence is more likely to occur when the chief executive has the capacity and willingness to respond to adverse regional court judgments. To support her argument, she conducts quantitative data analyses, complemented by qualitative evidence from numerous adverse judgments. Through this comprehensive approach, Haglund aims to explain the conditions under which regional courts can effectively deter future rights abuses.

One of the key findings of the book is that regional court deterrence is influenced by various factors, including the strength of the legal system, the level of political commitment to human rights, and the presence of effective mechanisms for monitoring and enforcing judgments. Haglund demonstrates that states that have strong legal systems, demonstrate a high level of political commitment to human rights, and have effective mechanisms for monitoring and enforcing judgments are more likely to be deterred by adverse regional court judgments.

Furthermore, the book explores the role of international organizations and other actors in promoting regional human rights court deterrence. Haglund argues that international organizations, such as the United Nations and the Organization of American States, can play a crucial role in promoting regional court deterrence by providing technical assistance, funding, and advocacy support. Additionally, regional organizations, such as the African Union and the European Union, can also contribute to deterrence by establishing mechanisms for monitoring and enforcing human rights standards.

In conclusion, Jillienne Haglund's book provides valuable insights into the topic of regional human rights court deterrence. By examining the factors that influence deterrence, the book offers practical recommendations for promoting and strengthening regional human rights courts. It also highlights the importance of international cooperation and support in ensuring that human rights are protected and upheld at the regional and international levels.

Weight: 506g
Dimension: 151 x 229 x 22 (mm)
ISBN-13: 9781108702317