International Bachelor of LAW Program 2019 – 2020
International Human
Rights Enforcement
Course Notes by 18024580 Page 1 of 26
Course Notes
Lecture 1: Introduction and Complaint Mechanisms
▪ Key Questions
Does International Human Rights work?
It is important to ask whether this field of law works since human rights law is a basic building block of
the rule of law; therefore, we need a functioning system if human rights are important as we say.
International law
States tend to do what they want and resist international control.
▪ Theories of Compliance
The below theories are (i) an attempt to explain what happens in the real world; i.e. hown\ everything
functions; (ii) an attempt to use past events to predict future events and guide future actions; (iii) often
no unified answer; and (iv) a reason for different countries to comply, nonetheless, for different
reasons.
These theories apply to both international and European law in general.
Power
“The strong states do what they can, the weak states do what they must” – Thucydides.
Traditional theories of diplomacy. States will face military response if they don’t maintain enough
standards of living for their population or violate human rights. As a result, they are willing to comply.
There’s no real obedience of international law only such to the extent coinciding between national conduct
and international law that results from power and coercion.
Rational Choice / Self-interest
States act in their own self-interests and have calculated that long-term, thus, a functioning system of
international law is in their interests. States benefit from stability, as provided by a rules-based order.
Once these systems are set-up, compliance can become in the interests of governing elites. To avoid
financial sanction, they comply i.e. reduction of transaction transactions costs.
Self-interests motivates the act of compliance.
Regime: government arrangement → stabilizes expectations and gives states more stability; providing dispute
regulation processes; additionally, promotes information disclosure.
Rule-legitimacy / Political identity
When nations feel like rules are legitimate, they feel normatively compelled to follow them.
e.g. littering people don’t litter much, despite it being easy to get away with it.
internal compliance call: states feel normative obliged to follow the rules.
Procedural legitimacy: States consider some involvement
Normative legitimacy: States consider that human rights rules are legitimate.
International Human
Rights Enforcement
Course Notes by 18024580 Page 1 of 26
Course Notes
Lecture 1: Introduction and Complaint Mechanisms
▪ Key Questions
Does International Human Rights work?
It is important to ask whether this field of law works since human rights law is a basic building block of
the rule of law; therefore, we need a functioning system if human rights are important as we say.
International law
States tend to do what they want and resist international control.
▪ Theories of Compliance
The below theories are (i) an attempt to explain what happens in the real world; i.e. hown\ everything
functions; (ii) an attempt to use past events to predict future events and guide future actions; (iii) often
no unified answer; and (iv) a reason for different countries to comply, nonetheless, for different
reasons.
These theories apply to both international and European law in general.
Power
“The strong states do what they can, the weak states do what they must” – Thucydides.
Traditional theories of diplomacy. States will face military response if they don’t maintain enough
standards of living for their population or violate human rights. As a result, they are willing to comply.
There’s no real obedience of international law only such to the extent coinciding between national conduct
and international law that results from power and coercion.
Rational Choice / Self-interest
States act in their own self-interests and have calculated that long-term, thus, a functioning system of
international law is in their interests. States benefit from stability, as provided by a rules-based order.
Once these systems are set-up, compliance can become in the interests of governing elites. To avoid
financial sanction, they comply i.e. reduction of transaction transactions costs.
Self-interests motivates the act of compliance.
Regime: government arrangement → stabilizes expectations and gives states more stability; providing dispute
regulation processes; additionally, promotes information disclosure.
Rule-legitimacy / Political identity
When nations feel like rules are legitimate, they feel normatively compelled to follow them.
e.g. littering people don’t litter much, despite it being easy to get away with it.
internal compliance call: states feel normative obliged to follow the rules.
Procedural legitimacy: States consider some involvement
Normative legitimacy: States consider that human rights rules are legitimate.
