The Law and Politics of International Human Rights Courts: The Dilemma of Effectiveness

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Alec Stone Sweet (Sir Y. K. Pao Chair, Faculty of Law, Sir Y. K. Pao Chair, Faculty of Law, University of Hong Kong) Wayne Sandholtz (John A. McCone Chair in International Relations, John A. McCone Chair in International Relations, University of Southern California)

The Law and Politics of International Human Rights Courts

The Dilemma of Effectiveness

Alec Stone Sweet (Sir Y. K. Pao Chair, Faculty of Law, Sir Y. K. Pao Chair, Faculty of Law, University of Hong Kong), Wayne Sandholtz (John A. McCone Chair in International Relations, John A. McCone Chair in International Relations, University of Southern California)

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English

Oxford University Press
15 August 2024

Comparative politics; Human rights; International human rights law

Combining perspectives from law and the social sciences, this book provides an account of the origins and evolution of six regional human rights courts. In each of these cases, judges sought to overcome political forces and legal obstacles that threatened to render the regime stillborn. Alec Stone Sweet and Wayne Sandholtz focus on the struggle to raise standards of rights protection within multi-level ""transnational systems of justice."" A transnational system of justice is comprised of three components: a charter of rights; a court tasked with enforcing the charter; and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the law and politics of such systems in diverse areas, including torture, inhuman treatment, non-discrimination, due process and access to justice, free expression, privacy and family, and other freedoms. In some cases, state officials have at times strongly supported enhancing the effectiveness of rights protections. In others, the activities of the courts have generated significant political ""backlash,"" leading state officials to act to curb the court's authority, or to exit the regime altogether. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.

By: Alec Stone Sweet (Sir Y. K. Pao Chair Faculty of Law Sir Y. K. Pao Chair Faculty of Law University of Hong Kong), Wayne Sandholtz (John A. McCone Chair in International Relations, John A. McCone Chair in International Relations, University of Southern California)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 156mm, Spine: 16mm
Weight: 470g
ISBN: 9780198925507
ISBN 10: 0198925506
Pages: 304
Publication Date: 15 August 2024
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Alec Stone Sweet is Sir Y. K. Pao Chair at the University of Hong Kong, and has previously held chaired professorships at the National University of Singapore, Yale University, and Nuffield College, Oxford. He works in the fields of comparative and international law, and comparative and international politics, with a focus on dispute resolution, law, and courts. Wayne Sandholtz holds the John A. McCone Chair and is Professor of International Relations and Law at the University of Southern California. His research addresses human rights treaties and courts, international norms, authoritarianism, and the rule of law.