Moravcsik_OriginsOfTheECHR

Moravcsik_OriginsOfTheECHR - The Origins of Human Rights...

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Unformatted text preview: The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe Andrew Moravcsik The ftieth anniversary of the UN Universal Declaration on Human Rights marks an appropriate moment to reconsider the reasons why governments construct interna- tional regimes to adjudicate and enforce human rights. Such regimes include those established under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the Inter-American Convention on Human Rights, and the UN Covenant on Civil and Political Rights. These arrangements differ from most other forms of institutionalized international cooperation in both their ends and their means. Unlike international institutions gov- erning trade, monetary, environmental, or security policy, international human rights institutions are not designed primarily to regulate policy externalities arising from societal interactions across borders, but to hold governments accountable for purely internal activities. In contrast to most international regimes, moreover, human rights regimes are not generally enforced by interstate action. Although most arrangements formally empower governments to challenge one another, such challenges almost never occur. The distinctiveness of such regimes lies instead in their empowerment of individual citizens to bring suit to challenge the domestic activities of their own government. Independent courts and commissions attached to such regimes often respond to such individual claims by judging that the application of domestic rules or legislation violates international commitments, even where such legislation has been For detailed suggestions and criticisms I am grateful to Gary Bass, George Bermann, Nancy Kokaz, Ronald Mitchell, Gerald Neuman, Daniel Nexon, Robert Paarlberg, Pasquale Pasquino, Kathryn Sikkink, Brian Simpson, and Henry Steiner, as well as Henning Boekle, John Ferejohn, Alexandra Filindra, Mary Ann Glendon, Virginie Guiraudon, John Ikenberry, Anne-Marie Slaughter, and participants in colloquia at Columbia University, Harvard University, New York University, the University of Oregon, the University of Pennsylvania, Princeton University, Rutgers University, and the 1999 Annual Convention of the American Political Science Association. I thank Jorge Dominguez, Stephen Holmes, and Richard Tuck for particular guidance, and Monique Hofkin, Alejandro Lorite, Alexandra Samuel, and Ilya Somin for able research assistance. Finally, I acknowledge nancial and logistical support from the Weatherhead Center for Inter- national Affairs, the Center for European Studies at Harvard University, and the Center for European Studies at New York University. For an earlier version of this article with more detailed documentation, see Moravcsik 1998b....
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This note was uploaded on 02/05/2012 for the course 790 395 taught by Professor Tillery during the Fall '09 term at Rutgers.

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Moravcsik_OriginsOfTheECHR - The Origins of Human Rights...

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