Integration, supranational authority, and human rights

Abstract

ABSTRACT Ernst Haas was intrigued by the possibility that international governance could promote peace and stability. International human rights regimes are one such system of governance. Haas was the first political scientist to analyse closely, in his 1970 book, an international body for the adjudication of human rights claims. He concluded that the ILO mechanism for hearing claims was ineffective because states largely failed to implement its rulings. Today, three regional human rights courts receive a growing number of petitions and routinely find that states have violated rights contained in the applicable regional and international treaties. Integration in the domain of human rights courts can be tracked along three axes: vertical incorporation of international human rights into national law; horizontal integration as the regional courts pay attention to and cite each other; and effectiveness, evaluated here in terms of state compliance with judgments. The empirical discussion focuses on these dimensions and their development in three functioning regional human rights courts. Linkages across the regional courts have expanded, producing a global human rights commons. But as Haas might have predicted, the degree to which democracy has taken root in a region conditions the effectiveness of its human rights court.