EJIL Article Discussion

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Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee: A Rejoinder to Ullmann and von Staden

Evaluating the effectiveness of institutions is a hard mission, and it causes numerous theoretical and methodological difficulties. This is especially true for evaluating the effectiveness of quasi-judicial institutions such as the United Nations Human Rights Committee (‘HRC’), as my 2019 EJIL article attempted to do. Therefore, first I would like to thank Andreas J. Ullmann and Andreas von Staden for providing me food for thought in their reply to my article (published in the latest issue of EJIL) and opening an important discussion regarding how to think about evaluating effectiveness of non-judicial institutions. Given the space limitation, I will not be able to answer each and every point Ullmann and von Staden raised. Therefore, I focus my rejoinder on three main subjects: the possibility of bias in the dataset, issues regarding the construction of the dataset, and issues regarding levels of analysis. I am very interested in additional comments and discussion, and welcome emails on the subject.

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International Organizations as Creators of International Law: A Good Thing? A Reply to Jan Klabbers

It has long been accepted that international organizations have rights and duties under international law. They can enter into treaties, incur international responsibility, and pursue claims against member and non-member states for violations of international law. Whether and when international organizations also play a direct role in the creation of customary international law is a question that, until…

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The relationship between domestic and international courts: the need to incorporate judicial politics into the analysis

In the latest issue of EJIL, Raffaela Kunz carefully examines the complex relationship between domestic and international courts in human rights adjudication. Amidst the well-known backlash from governments, she draws attention to the growing resistance of domestic high courts to decisions by their international counterparts as well as the main features of this resistance. Kunz traces how…

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Response: Strengthening Justice for Victims Through Complementarity

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  Many thanks to the editors and the contributors for making this online symposium possible. Our primary goal with Pressure Point was…

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The Ethos of “Positive Complementarity”

Editor's Note:This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  I am grateful to Dapo Akande and Mark Kersten for their invitation to contribute to this “symposium” on HRW’s valuable report on the impact…

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