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Regional Organizations and Democracy, Human Rights, and the Rule of Law

Regional Organizations and Democracy, Human Rights, and the Rule of Law
Author: Sören Stapel
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9783030903992

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This book explores when, why, and how regional organizations adopt and design institutions to promote and protect fundamental standards of democracy, human rights, and rule of law in their member states. These regional institutions have spread globally. While their institutional designs have become increasingly similar over time, regional particularities persist. The book identifies factors that generate the demand for regional institutions and shape its institutional design. The argument combines hitherto juxtaposed explanatory factors of demands and diffusion by integrating them in a single framework and clarifying under what conditions the interplay between demands and diffusion plays out in the adoption and design of regional institutions. The book provides a comprehensive overview of regional democracy, human rights, and rule of law institutions based on two original datasets and draws on multivariate statistical analysis as well as case studies on the making and change of regional institutions in the Organization of American States and the Organization of African Unity/African Union. Sören Stapel is postdoctoral researcher at the University of Freiburg, Germany. His research interests include global and regional governance, norm and policy diffusion, human rights, and overlapping regionalism. He recently published Comparing Regional Organizations (Bristol University Press, 2020, with Diana Panke and Anna Starkmann).


Regional Organizations and Democracy, Human Rights, and the Rule of Law

Regional Organizations and Democracy, Human Rights, and the Rule of Law
Author: Sören Stapel
Publisher: Springer Nature
Total Pages: 362
Release: 2022-01-10
Genre: Political Science
ISBN: 3030903982

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This book explores when, why, and how regional organizations adopt and design institutions to promote and protect fundamental standards of democracy, human rights, and rule of law in their member states. These regional institutions have spread globally. While their institutional designs have become increasingly similar over time, regional particularities persist. The book identifies factors that generate the demand for regional institutions and shape its institutional design. The argument combines hitherto juxtaposed explanatory factors of demands and diffusion by integrating them in a single framework and clarifying under what conditions the interplay between demands and diffusion plays out in the adoption and design of regional institutions. The book provides a comprehensive overview of regional democracy, human rights, and rule of law institutions based on two original datasets and draws on multivariate statistical analysis as well as case studies on the making and change of regional institutions in the Organization of American States and the Organization of African Unity/African Union.


Rule of Law and Constitution Building

Rule of Law and Constitution Building
Author: International Idea IDEA
Publisher:
Total Pages: 0
Release: 2014
Genre: Constitutional law
ISBN: 9789187729638

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Regional organizations play an increasingly important role in strengthening and upholding the rule of law. Regional organizations are also increasingly seeking to strengthen constitutional governance in their member states by developing regulatory frameworks that reject and sanction unconstitutional transfers of power and attempts to remain in power unconstitutionally. This publication presents and discusses the initiatives and actions in the field of rule of law and constitution building by regional organizations. It also highlights their achievements, their limitations and the challenges they face, and puts forward policy recommendations for consideration.


Governance Transfer by Regional Organizations

Governance Transfer by Regional Organizations
Author: Tanja A. Börzel
Publisher: Springer
Total Pages: 394
Release: 2015-02-03
Genre: Political Science
ISBN: 1137385642

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This volume explores the conditions under which regional organizations engage in governance transfer in and to areas of limited statehood. The authors argue that a global script of governance transfer by regional organizations is emerging, where regional and national actors are adapting governance standards and instruments to their local context.


Regional Protection of Human Rights

Regional Protection of Human Rights
Author: Dinah Shelton
Publisher:
Total Pages: 1116
Release: 2013-05-30
Genre: Law
ISBN: 0199941521

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What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? Regional Protection of Human Rights, Second Edition is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. Together, Regional Protection of Human Rights and its accompanying Documentary Supplement provide comprehensive access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.


Africa and the Universality of Human Rights

Africa and the Universality of Human Rights
Author: Bertrand G. Ramcharan
Publisher: BRILL
Total Pages: 282
Release: 2022-08-15
Genre: Law
ISBN: 9004520643

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Africa and the Universality of Human Rights offers a succinct but comprehensive treatment of the human rights systems and machinery applicable in Africa. It consolidates a wide range of materials and sources in a comprehensive way that will be of value to teachers, students, scholars and activists. It makes clear that, notwithstanding difficulties experienced on the ground, African governments, peoples, and institutions together have repeatedly expressed their commitment to the universality of human rights, the corner-stone of the contemporary international order.


"Hostages to Peace"

Author: Chris Albin-Lackey
Publisher: Human Rights Watch
Total Pages: 63
Release: 2009
Genre: Law
ISBN: 156432513X

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Somaliland declared its independence from Somalia in 1991, though no country in the world has recognized its existence. Since then Somaliland has maintained peace and stability while laying the groundwork for democratic governance. But today Somaliland is at a perilous crossroads. The administration of President Dahir Riyale Kahin has repeatedly failed to hold key elections originally scheduled for mid-2008. The resulting crisis has laid bare the limits of what Somaliland has accomplished and now threatens its hard-won progress. Somaliland's government continues to rely on extralegal "security committees" to usurp the role of the courts and allow government officials to incarcerate criminal suspects, including children, without charge or trial. While heavy-handed acts of repression are rare, they are not unheard of, and low-level harassment of journalists, opposition officials and others is common. The president and his government frequently flout the laws and constitution, while the legislature and the courts do nothing to rein in such abuses of power. Human Rights Watch urges Somaliland's government to ensure that presidential elections are held as currently scheduled in September 2009. In the longer term, Somaliland's government should make a concerted effort to strengthen the rule of law and end human rights violations. Somaliland's international partners, whether they recognize Somaliland's independence or not, should use both pressure and assistance to help ensure that this happens.


European Institutions, Democratization, and Human Rights Protection in the European Periphery

European Institutions, Democratization, and Human Rights Protection in the European Periphery
Author: Henry F. Carey
Publisher:
Total Pages: 458
Release: 2017-04-15
Genre: Political Science
ISBN: 9780739166895

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This book examines the efforts of European regional organizations in promoting democracy, human rights, and the rule of law among states seeking membership. In country-specific chapters, experts test prevailing theories about how effective the regional organizations' efforts at improvement have been.


Rebuilding the State Institutions

Rebuilding the State Institutions
Author: Juan Antonio Le Clercq
Publisher: Springer Nature
Total Pages: 304
Release: 2019-11-29
Genre: Law
ISBN: 303031314X

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Contemporary Mexico faces a complex crisis of violence and insecurity with high levels of impunity and the lack of an effective rule of law. These weaknesses in the rule of law are multidimensional and involve elements of institutional design, the specific content of the laws, particularities of political competition and a culture of legality in a country with severe social inequalities. This book discusses necessary institutional and legal reforms to develop the rule of law in a context of democratic, social and economic transformations. The chapters are organized to address: 1) The concept of the ‘rule of law’ and its measurement; 2) The fragility of the ‘rule of law’ in Mexico; 3) Structural reforms and implementation challenges; 4) Social exclusion and the culture of legality. The book addresses decision-makers, civil servants, consultants, scholars, lecturers, and students focusing on public policy, rule of law, sociology of law, legislative studies and practice, impunity, and areas of political philosophy. • The book presents an interdisciplinary and integrated approach for understanding the rule of law in Mexico, taking into account national particularities, the regional context and global comparisons. • Chapters discuss recent institutional reforms in Mexico from a critical point of view and explore possible next steps to achieve effective implementation. • This book addresses the links between a weak rule of law and social phenomena like insecurity, violence, corruption and democratic deficits.


Rule of Law Dynamics

Rule of Law Dynamics
Author: Michael Zurn
Publisher: Cambridge University Press
Total Pages: 401
Release: 2012-06-18
Genre: Law
ISBN: 1139510975

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This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).