Cantitate/Preț
Produs
Total produse
Vezi coșul
Compliance with Judgments of the European Court of Human Rights: States on a Spectrum of Democratisation de Ramute Remezaite

Compliance with Judgments of the European Court of Human Rights: States on a Spectrum of Democratisation: International Studies in Human Rights, cartea 143

Autor Ramute Remezaite
en Limba Engleză Hardback – 19 dec 2023
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data.

The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
Citește tot Restrânge

Din seria International Studies in Human Rights

Preț: 63124 lei

Preț vechi: 76981 lei
-18% Nou

Puncte Express: 947
Preț estimativ în valută:
12080€ • 12535$ • 10097£

Carte indisponibilă temporar


Wish list
Gift list
Am citit!
Adaugă în listă
Doresc să fiu notificat când acest titlu va fi disponibil:
Trimite
Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9789004538207
ISBN-10: 9004538208
Pagini: 247
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Studies in Human Rights

Notă biografică

Dr. Ramute Remezaite obtained her PhD from the School of Law, Middlesex University in 2021. She currently works as a Senior Legal Consultant and Implementation Lead at the European Human Rights Advocacy Centre based in the School of Law, Middlesex University where she litigates human rights cases before the ECtHR and advocates for their implementation.

Cuprins

Acknowledgments

List of Figures

1Introduction
1.1 Background and Problem Statement

1.2 Key Aims and Research Questions of the Book

1.3 Research Methodology
1.3.1Country and Case Selection

1.3.2Research Methods

1.3.3Structure of the Book


2Defining Compliance
2.1 Defining and Measuring Compliance

2.2 Compliance Theories
2.2.1Causality between Human Rights Judgments and States’ Behavior


2.3 Modalities of Implementation in the Council of Europe System
2.3.1Scope and Procedure of cm Supervision

2.3.2Involvement of other Actors in the cm Supervision Process


3Azerbaijan The New Achilles Heel of the Council of Europe?
3.1 Azerbaijan and CoE
3.1.1Azerbaijan’s Accession to the CoE


3.2 Azerbaijan’s Compliance with ECtHR Judgments
3.2.1Azerbaijan and the Court

3.2.2Domestic Implementation System: One Man’s Land
3.2.2.1 Dual Role of the Agent’s Office

3.2.2.2 Allocation of Resources

3.2.2.3 Absence of Formal Procedures for Coordination and Involvement in the Process

3.2.2.4 Absence of Information and Public Scrutiny


3.2.3Systematic Failure of ‘Good Faith’ Engagement with the cm
3.2.3.1 Triggers for Government’s Engagement with the cm Supervision Process

3.2.3.2 What Systemic Change on the Ground?


3.2.4Explaining Azerbaijan’s Absence of Good Faith

3.2.5Adequacy of the Response of the cm and the CoE to Azerbaijan’s Acting in Bad Faith

3.2.6Why Does Azerbaijan Remain in the CoE?


3.3 Conclusion


4Armenia’s Compliance with Judgments of the European Court of Human Rights A Litmus Test for the Council of Europe?
4.1 Armenia and CoE: Historical and Contextual Setting
4.1.1Armenia and the ECtHR


4.2 Armenia’s Compliance with ECtHR Judgments
4.2.1Domestic Implementation System

4.2.2Armenia’s Compliance with ECtHR Judgments: Good Practices and Challenges
4.2.2.1 Factors Defining Compliance with ECtHR Judgments


4.3 Strasbourg’s Contributions to Compliance with ECtHR Judgments in Armenia
4.3.1cm’s Engagement with the Supervision of Armenian Cases

4.3.2Contributions of other CoE Bodies and Domestic Actors to Compliance


4.4 Conclusion


5Georgia as Council of Europe’s Success Story in the South Caucasus
5.1 Georgia’s Accession and Its Membership in the Council of Europe
5.1.1Georgia and the ECtHR


5.2 National System for the Implementation of ECtHR Judgments in Georgia
5.2.1Absence of Strong Culture of Accountability, and Politicization of the Process

5.2.2Insufficient Access to Information on the Implementation Process


5.3 Georgia’s Compliance with ECtHR Judgments
5.3.1Georgia’s Engagement with the cm Supervision Process

5.3.2Domestic Factors Shaping Georgia’s Engagement with Strasbourg Processes
5.3.2.1 Political Willingness as an Underlying Factor for Compliance

5.3.2.2 Intrusion of ‘Traditional’ Values and Pervasive Discrimination as a Complex Political and Societal Issue

5.3.2.3 ‘External’ Support to Compliance with ECtHR Judgments


5.4 Conclusion


6Challenging the Unconditional Obligation Partial Compliance with ECtHR Judgments in the South Caucasus States
6.1 What Is Partial Compliance?

6.2 Forms of Partial Compliance
6.2.1Minimalistic Compliance

6.2.2Dilatory Compliance

6.2.3Contested Compliance


6.3 Identifying Partial Compliance in the South Caucasus States: Methodological Considerations
6.3.1Prescriptiveness of Judgments

6.3.2Length of Time

6.3.3Engagement with the cm Process

6.3.4Diversification of Sources of Information


6.4 Explaining Partial Compliance in the South Caucasus States
6.4.1Complexity of Human Rights Issues

6.4.2Domestic Political Climate: International Reputation versus Domestic Interests

6.4.3Effectiveness of Domestic Infrastructure for Compliance with ECtHR Judgments


6.5 Conclusions


7Beyond Compliance Identifying Impact of European Court Judgments in the South Caucasus States
7.1 Concept of Impact of ECtHR Judgments in the South Caucasus States

7.2 Typologies of Impact
7.2.1Material Impact on Individual Victims

7.2.2Moral Impact on Individual Victims

7.2.3Documentation and Exposure of States’ Human Rights Abuses

7.2.4Wider Legal and Policy Impact of ECtHR Judgments

7.2.5Mobilization of Civil Society Groups and National Human Rights Institutions


7.3 Conclusion


8Conclusions

Appendix

Bibliography

Index