New book by Alec Stone Sweet and Wayne Sandholtz: The Law and Politics of International Human Rights Courts: The Dilemma of Effectiveness (Oxford University Press)

The Law and Politics of International Human Rights Courts: The Dilemma of Effectiveness
Alec Stone Sweet, Wayne Sandholtz
Oxford University Press
Published online: July 2024

Abstract: The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.