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1 - Introduction

Published online by Cambridge University Press:  01 June 2020

Jillienne Haglund
Affiliation:
University of Kentucky
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Summary

Beginning with two examples from the Inter-American Court of Human Rights, Chapter 1 introduces the motivating puzzle: Why do regional human rights courts sometimes deter future human rights abuses and other times do not? I posit that regional human rights court deterrence is conditional on domestic political factors. I argue that deterrence is more likely when the chief executive has the capacity and willingness to respond to adverse regional court judgments.This chapter then examines three key institutional design features that make regional human rights courts uniquely suited to influence human rights practices, including exclusive membership, mechanism of influence (judgments rather than recommendations), and institutional independence. I then provide a descriptive comparison of the two regional human rights courts examined in the book: the European and Inter-American Courts of Human Rights and argue that a comparative approach is beneficial for advancing our understanding of regional court deterrence. This chapter concludes with a brief discussion of the organization of the book.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Introduction
  • Jillienne Haglund, University of Kentucky
  • Book: Regional Courts, Domestic Politics, and the Struggle for Human Rights
  • Online publication: 01 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108776561.001
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  • Introduction
  • Jillienne Haglund, University of Kentucky
  • Book: Regional Courts, Domestic Politics, and the Struggle for Human Rights
  • Online publication: 01 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108776561.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Jillienne Haglund, University of Kentucky
  • Book: Regional Courts, Domestic Politics, and the Struggle for Human Rights
  • Online publication: 01 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108776561.001
Available formats
×