Monitoring Compliance with Un-Ratified Treaties: The ILO Experience
In: Law and Contemporary Problems, Band 71, S. 193
88 Ergebnisse
Sortierung:
In: Law and Contemporary Problems, Band 71, S. 193
SSRN
In: European Journal of International Law, Band 19, S. 125
SSRN
In: Columbia Law Review, Band 102
SSRN
In: University of Illinois Law Review, p. 71, 2008
SSRN
In: International Sexual and Reproductive Rights Lawfare (Siri Gloppen & Malcolm Langford eds., 2023)
SSRN
In: 85 L. & Contemp. Probs. 59-93 (2021)
SSRN
In: European journal of international law, Band 32, Heft 3, S. 907-914
ISSN: 1464-3596
Abstract
Over the last decade, scholars have debated whether the shifting landscape of individual rights protection in Europe has influenced the decisions of the European Court of Human Rights (ECtHR). In our article, 'Walking Back Human Rights in Europe?', we analysed every minority opinion of the ECtHR Grand Chamber between 1998 and 2018. We found a substantial increase in what we labelled as 'walking back dissents' – minority opinions asserting that the Grand Chamber has overturned prior case law or settled doctrine in a way that favours the government. In their Reply, Stone Sweet, Sandholtz and Andenas (SSA) offer two principal critiques. First, they assert that they could not 'replicate' our coding. Second, SSA challenge our claim that legal and political developments in Europe have incentivized the ECtHR to move in a rights-restrictive direction. These claims are inaccurate and mischaracterize our article. First, SSA do not 'replicate' our study. Instead, they code a very small subset of judgments using more restrictive, subjective and vague criteria – which, unsurprisingly, yield fewer walking back dissents. Second, SSA narrowly focus on the Brighton and Copenhagen conferences, ignoring numerous other changes at the national and regional level that have created a more constrained environment for the ECtHR.
In: European journal of international law, Band 31, Heft 3, S. 797-827
ISSN: 1464-3596
Abstract
Judges and scholars have long debated whether the European Court of Human Rights (the ECtHR or the Court) can only expand, never diminish, human rights protections in Europe. Recent studies have found that political backlashes and national-level restrictions have influenced ECtHR case law. However, analysing whether the ECtHR is shifting in a regressive direction faces an empirical challenge: How can we observe whether the Court is limiting rights over time if it has never expressly overturned a prior judgment in a way that favours the government? We gain traction on this question by analysing all separate and minority opinions of the ECtHR Grand Chamber between 1998 and 2018. We focus on opinions asserting that the Grand Chamber has tacitly overturned prior rulings or settled doctrine in a way that favours the respondent state, which we label as 'walking back dissents'. We find that walking back dissents have become significantly more common in the last decade, revealing that some members of the ECtHR themselves believe that the Grand Chamber is increasingly overturning prior judgments in a regressive direction.
In: American journal of international law: AJIL, Band 114, Heft 4, S. 571-577
ISSN: 2161-7953
AbstractThis introduction provides an overview of thirteen essays selected in response to a worldwide call for papers for an Agora on "The International Legal Order and the Global Pandemic." The essays in the Agora consider some of the most pressing challenges, as well as potential opportunities, that COVID-19 is creating for the international legal order. The specific topics addressed include the role of international organizations such as the World Health Organization, state responsibility, human rights, financial regulation, and international trade. Contributors were invited to address the theme from a historical, institutional, doctrinal, normative, critical, or geopolitical perspective, or a mix of perspectives.
In: Duke Law School Public Law & Legal Theory Series No. 2020-46
SSRN
Working paper
In: 31 European Journal of International Law 797–827 (2020)
SSRN
Working paper
In: 113 AJIL Unbound 385 (2019)
SSRN
In: AJIL Unbound, Band 111, S. 428-433
SSRN
In: iCourts Working Paper Series No. 83
SSRN
Working paper
In: Custom's Future: International Law in a Changing World (Curtis Bradley ed., 2015 Forthcoming).
SSRN