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Domestic Politics, International Human Rights Adjudication, and the Problem of Political Will: Cases from the Inter-American Human Rights System

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Abstract:

Over the past decade the increased prominence of international human rights tribunals has posed a challenge to skeptics who believe that human rights institutions are nothing but paper tigers. Today, states increasingly comply with the tribunals' rulings, even when that means changing their domestic policies and practices. In this paper, I compare the experiences of three states--Argentina, Brazil, and Colombia--in complying with two Inter-American human rights tribunals. I suggest that we can understand compliance as a costly yet credible signal states send to domestic and international audiences about their commitment to human rights. In the absence of domestic institutions, cheap talk persists, but for those states that have strong domestic institutions, compliance is both credible and potentially costly. This finding has implications for the future of international human rights adjudication and for the literature on compliance with international institutions more generally.

Most Common Document Word Stems:

right (253), human (227), state (141), intern (134), complianc (130), domest (111), american (101), polit (98), commiss (97), rule (90), institut (85), case (82), court (81), inter (78), tribun (76), law (67), inter-american (66), brazil (60), commit (57), argentina (48), cost (46),

Author's Keywords:

International Law, Human Rights, Compliance
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Association:
Name: Midwest Political Science Association 67th Annual National Conference
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http://www.indiana.edu/~mpsa/


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MLA Citation:

Hillebrecht, Courtney. "Domestic Politics, International Human Rights Adjudication, and the Problem of Political Will: Cases from the Inter-American Human Rights System" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL, Apr 02, 2009 <Not Available>. 2009-11-10 <http://www.allacademic.com/meta/p360648_index.html>

APA Citation:

Hillebrecht, C. , 2009-04-02 "Domestic Politics, International Human Rights Adjudication, and the Problem of Political Will: Cases from the Inter-American Human Rights System" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL Online <APPLICATION/PDF>. 2009-11-10 from http://www.allacademic.com/meta/p360648_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Over the past decade the increased prominence of international human rights tribunals has posed a challenge to skeptics who believe that human rights institutions are nothing but paper tigers. Today, states increasingly comply with the tribunals' rulings, even when that means changing their domestic policies and practices. In this paper, I compare the experiences of three states--Argentina, Brazil, and Colombia--in complying with two Inter-American human rights tribunals. I suggest that we can understand compliance as a costly yet credible signal states send to domestic and international audiences about their commitment to human rights. In the absence of domestic institutions, cheap talk persists, but for those states that have strong domestic institutions, compliance is both credible and potentially costly. This finding has implications for the future of international human rights adjudication and for the literature on compliance with international institutions more generally.

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Associated Document Available All Academic Inc.
Associated Document Available Political Research Online
Associated Document Available Midwest Political Science Association 67th Annual National Conference

Document Type: application/pdf
Page count: 39
Word count: 14382
Text sample:
Domestic Politics International Human Rights Adjudication and the Problem of Political Will: Cases from the Inter-American Human Rights System Courtney Hillebrecht Ph.D. Candidate Department of Political Science University of Wisconsin-Madison Prepared for the 65th Annual National Conference of the Midwest Political Science Association April 2-5 2009 Chicago IL C. Hillebrecht Draft 3/20/09 I. Introduction When the United Nations the Council of Europe and the Organization of American States assembled to create international human rights instruments in the 1950s expectations
American Political Science Review 99(4): 611-622. Vreeland James. 2008. “Political Institutions and Human Rights: Why Dictatorships Enter into the United Nations Convention Against Torture.” International Organization 62(1): 65-101. Walker Christopher J. 2006. “Toward Democratic Consolidation? The Argentine Supreme Court Judicial Independence and the Rule of Law.” Florida Journal of International Law 18(3): 745-806. Available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=922390 [Accessed March 10 2009]. Zommer Laura. 2001a. “Declaran ulas dos leyes de amnistia.” Nacíon. Zommer Laura. 2001b. “Respaldo official a la invalidez de


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