Making International Human Rights Protection More Effective: A Rational Choice Approach to the Effectiveness of Provisions of Ius Standi
Journal
Conferences on new political economy
ISSN
1861-8340
Type
journal article
Date Issued
2006-07-01
Author(s)
Abstract
Empirical research shows that international human rights law (hereinafter IHRL) is to a large extent ineffective. Individual complaint mechanisms are the only significantly effective enforcement mechanism. Certainly many variables influence the enforcement through judicial or quasi-judicial mechanisms but one important variable are standing provisions as they have a gate-keeping function. IHRL can be rendered more effective if individual victims have both de jure and de facto access to its remedies. This article analyzes the different incentives provided by complaint mechanisms for individuals, groups or NGOs to make use of international human rights bodies. They are such, that an underenforcement of IHRL can be expected.
Language
English
HSG Classification
contribution to scientific community
Refereed
No
Publisher
Mohr Siebeck
Publisher place
Tübingen
Volume
23
Number
1
Start page
29
End page
58
Pages
30
Subject(s)
Division(s)
Eprints ID
32229