Judicial Institution Builders: NGOs and International Human Rights Courts

Abstract

Current theories on international courts, civil society, and global governance overlook the burgeoning relationships between international courts and nongovernmental organizations (NGOs). NGO participation at international courts takes many forms, including representing individual petitioners and acting as third parties as well as promoting and supporting the court through outreach, political advocacy, administrative support, and enforcement of judgments. However, substantial variation exists across international courts as to the form and intensity of NGO participation. To explore why different participatory relationships emerge across international courts, this article examines the historical participation of human rights NGOs at the European and Inter-American Human Rights Systems. This analysis departs from NGO mobilization arguments and suggests that variation in NGO participation stems from institutional factors. NGO participation derives from opportunity structures for participation that emerge due to the historical era and initial conditions of court creation and subsequent state financial and political support for the court.