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International institutional design and human rights: The case of the Inter-American Human Rights System

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  • Jillienne Haglund

Abstract

Most studies examining the effectiveness of international human rights law treat international human rights institutions as equally (un)influential on state behavior. I argue that institutional design explains variation in state response to international human rights law. Using the institutions in the Inter-American Human Rights System (Court and Commission), I argue that judgments from the highly legalized body (Court) are associated with human rights improvements, while decisions from the less legalized body (Commission) are associated with a greater likelihood of formal complaints. Using the Ill-Treatment and Torture data and original data on Commission decisions, I find support for these expectations.

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  • Jillienne Haglund, 2019. "International institutional design and human rights: The case of the Inter-American Human Rights System," Conflict Management and Peace Science, Peace Science Society (International), vol. 36(6), pages 608-625, November.
    • Handle: RePEc:sae:compsc:v:36:y:2019:i:6:p:608-625
    DOI: 10.1177/0738894219881427
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    References listed on IDEAS

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    1. Yonatan Lupu, 2015. "Legislative Veto Players and the Effects of International Human Rights Agreements," American Journal of Political Science, John Wiley & Sons, vol. 59(3), pages 578-594, July.
    2. Jillienne Haglund, 2020. "Domestic Politics and the Effectiveness of Regional Human Rights Courts," International Interactions, Taylor & Francis Journals, vol. 46(4), pages 551-578, July.
    3. Helfer, L.R. & Voeten, E., 2014. "International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe—ERRATUM," International Organization, Cambridge University Press, vol. 68(2), pages 1-1, April.
    4. Courtenay Ryals Conrad & Will H. Moore, 2010. "What Stops the Torture?," American Journal of Political Science, John Wiley & Sons, vol. 54(2), pages 459-476, April.
    5. Abbott, Kenneth W. & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(3), pages 421-456, July.
    6. Helfer, Laurence R. & Voeten, Erik, 2014. "International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe," International Organization, Cambridge University Press, vol. 68(1), pages 77-110, January.
    7. Hafner-Burton, Emilie M., 2008. "Sticks and Stones: Naming and Shaming the Human Rights Enforcement Problem," International Organization, Cambridge University Press, vol. 62(4), pages 689-716, October.
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    Cited by:

    1. Adela Toscano-Valle & Antonio Sianes & Francisco Santos-Carrillo & Luis A. Fernández-Portillo, 2022. "Can the Rational Design of International Institutions Solve Cooperation Problems? Insights from a Systematic Literature Review," Sustainability, MDPI, vol. 14(13), pages 1-22, June.
    2. Francesca Parente, 2022. "Settle or litigate? Consequences of institutional design in the Inter-American system of human rights protection," The Review of International Organizations, Springer, vol. 17(1), pages 39-61, January.

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