"This book explores whether constitutionalizing rights improves respect for those rights in practice. Drawing on global statistical analyses, survey experiments in Turkey and the U.S, and case studies in Colombia, Myanmar, Poland, Russia, and Tunisia, the book advances three claims. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly, which is the case when citizens punish the government for rights violations. Doing so, however, is often difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others. Specifically, some rights come with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, or "organizational rights," such as the rights to religious freedom, unionize, and form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression"--
AbstractEnforcement of international law is often delegated to national courts, creating a space for them to play a part in international judicialization. Under what conditions can they do so? We argue that the answer depends on the relationship between the political and legal constraints national courts face. National courts must be careful to safeguard their independence in the face of potential backlash, but they face constraints in terms of the legal mechanisms available to them when enforcing international law. We focus on the availability of two legal mechanisms: direct effect, under which courts apply treaties directly, setting aside inconsistent domestic laws; and canons of interpretation, under which courts strive to interpret domestic laws in conformity with treaties. We find that the effects of human rights treaty ratification is greater when courts have the canon available to them than it is when courts have direct effect available to them.
Conceptualizing comparative international law / Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier & Mila Versteeg -- Methodological guidance : how to select and develop comparative international law case studies / Katerina Linos -- Comparative international law, foreign relations law and fragmentation : can the center hold? / Paul B. Stephan -- Why comparative international law needs international relations theory / Daniel Abebe -- The many fields of (German) international law / Nico Krisch -- Crimea and the South China Sea : connections and disconnects among Chinese, Russian, and western international lawyers / Anthea Roberts -- "Shioki (control)," "fuyo (dependency)," and sovereignty : the status of the Ryukyu kingdom in early-modern and modern times / Masaharu Yanagihara -- Comparative international law within, not against, international law : lessons from the international law commission / Mathias Forteau -- The continuing impact of French legal culture on the International Court of Justice / Mathilde Cohen -- International law in national legal systems: an empirical investigation / Pierre-Hugues Verdier & Mila Versteeg -- Objections to treaty reservations : a comparative approach to decentralized interpretation / Tom Ginsburg -- Intelligence communities and international law : a comparative approach / Ashley S. Deeks -- National legislatures : the foundations of comparative international law / Kevin L. Cope & Hooman Movassagh -- International law in Chinese courts during the rise of China / Congyan Cai -- The democratizing force of international law : human rights adjudication by the Indian Supreme Court / Neha Jain -- Case law in Russian approaches to international law : sovereign cautiousness of a semi-peripheral great power / Lauri Mälksoo -- Doing away with capital punishment in Russia : international law and the pursuit of domestic constitutional goals / Bakhtiyar Tuzmukhamedov -- Comparative views on the right to vote in international law : the case of prisoners' disenfranchisement / Shai Dothan -- When law migrates : refugees in comparative international law / Jill I. Goldenziel -- An asymmetric comparative international law approach to treaty interpretation : the CEDAW committee's tolerance of the Scandinavian states' progressive deviation / Alec Knight -- Comparative international law and human rights : a value-added approach / Christopher McCrudden -- CEDAW in national courts: a case study in operationalizing comparative international -- Law analysis in a human rights context / Christopher McCrudden -- The great promise of comparative public law for Latin America : towards ius commune americanum? / Alejandro Rodiles -- Who cares about regulatory space in bits? : a comparative international approach / Tomer Broude, Yoram Z. Haftel & Alexander Thompson -- Africa and the rethinking of international investment law : about the elaboration of the Pan-African Investment Code / Makane Moïse Mbengue & Stefanie Schacherer -- Not so treacherous waters of international maritime law : Islamic law states and the UN Convention on the Law of the Sea / Emilia Justyna Powell