UID:
almahu_9949712744602882
Format:
1 online resource (318 pages) :
,
illustrations
Edition:
1st ed.
ISBN:
80-210-8685-8
Content:
What motivates states to commit to international human rights treaties remains a much-debated question in political and legal science. Many tentative explanations for the observed variation in signature and ratification patterns have been proposed. Some are based on the content of the treaties (the substance of the protected rights and the control mechanism), some focus on the characteristics of the states making a commitment, while others are tied to external factors (having originated either from pressure from the international community or within the domestic political system). Empirical evidence supporting the proposed hypotheses remains nevertheless rather scarce, and overall knowledge about the reasons for signing and ratifying treaties is inconclusive. We aim to contribute to this scholarly discussion by providing a new and thorough examination of the commitment practice in two post-communist countries – the Czech Republic and Slovakia – and in their non-democratic and transitioning predecessors. While both countries have experienced very similar international development propelled by the same international incentives and constraints, their internal political experiences differ significantly.
Note:
Intro -- Table of Contents -- List of Abbreviations -- Acknowledgments -- 1 Introduction -- 1.1 Case Selection -- 1.2 Generalization -- 1.3 Theoretical and Methodological Issues -- 1.4 Terminology -- 1.5 Book Contents -- 1.6 Some Hints to the Reader -- I. GENERAL TRENDS OF HUMAN RIGHTS COMMITMENTS -- 2 What We Know about Adopting International Human Rights Commitments -- 2.1 Why Human Rights Treaties Are Special -- 2.2 Why States Adopt Human Rights Treaties -- 2.3 Overview and Categorization of Writings on International Human Rights Treaties -- 2.4 Findings of Important Works -- 3 Political Regimes and Commitment Patterns -- 3.1 Introduction -- 3.2 Methodology and Terminology -- 3.3 Historical Trends and Geographical Patterns in Commitment Practice -- 3.4 Commitment Patterns of Political Regimes -- 3.5 Conclusion -- II. CASE STUDY -- 4 Human Rights Commitments in Czechoslovakia, Czech Republic and Slovakia - Background Information -- 4.1 The Socialist Past -- 4.2 Changes in the 1990s during the Initial Stages of Democratic Transition -- 4.3 Developments in the Czech Republic after the Split of the Federation -- 4.4 Developments in Slovakia after the Split of the Federation -- 4.5 Conclusions: From Resistance through Enthusiasm to Pragmatic Approaches -- 5 Treaty Control Mechanism, Legitimacy and Domestic Change -- 5.1 Introductory Remarks -- 5.2 Theoretical Expectations -- 5.3 Data Analysis -- 5.4 Regimes and Reasons for Human Rights Commitments -- 5.5 Czechoslovakia 1948-1989 and Its Approach to Human Rights and International Law -- 5.6 Why States Make International Human Rights Commitments -- 5.7 Conclusion -- 6 Commitment Decisions: Differences between Leftist and Rightist Governments -- 6.1 Introduction and Overview of Theory -- 6.2 Research Design and Research Questions -- 6.2.1 Case Selection -- 6.2.2 Research Aims -- 6.3 Empirical Research.
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6.3.1 Introductory Remarks on Data Analysis -- 6.3.2 Commitments to Human Rights Treaties -- 6.3.3 Governmental Manifestos -- 6.4 Conclusion -- 7 Moderating the Commitment Decision with Reservations: Explaining What Is Missing in Commitment Patterns -- 7.1 Introduction -- 7.2 Research Puzzle -- 7.3 Historical Overview of the Reservations Practiceand Its Relationship to the Character of Commitments -- 7.4 Commitments, Regimes, and Control Mechanisms -How the Reservations Change Existing Patterns -- 7.5 Concluding Remarks -- 8 Who and What Impacts the Processof A dopting Human Rights Commitments? Veto Players and International Human Rights Commitments -- 8.1 Introduction -- 8.2 Veto Players and Commitment Activity -- 8.3 Conclusion -- III. INDIRECT INFLUENCES (MICRO-LEVEL ANALYSIS) -- 9 Human Rights Treaties before Constitutional Courts: Identical Starting Points, Slightly Different Outcomes -- 9.1 Constitutional Courts and Human Rights Treaties before and during the Transitional Period to Democracy -- 9.2 Doctrines and Case Law of the Constitutional Courtof the Czech Republic -- 9.2.1 Initial Starting Point: An Exclusive but 'Anaemic' System -- 9.2.2 The So-called Constitutional Euro-amendment: from Anaemia to 'Gleichschaltung' of Treaties and Back -- 9.2.3 Prospective Difficulties of the Constitutional Court Doctrine -- 9.2.4 Impact of Exclusive Position of HR Treaties for Domestic HR Adjudication -- 9.3 Doctrines and Case Law of the Slovak Constitutional Court -- 9.3.1 Constitutional Relevance without Hierarchy -- 9.3.2 The Constitutional Euro-amendment and HR Treaties: MuchAdo about Nothing? -- 9.3.3 Practical Implications for Constitutional Court Case Law -- 9.4 Conclusions -- 10 International Human Rights Treaties in the Case Lawof Domestic Courts: Supreme Courtand Supreme Administrative Court.
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10.1 National Life of International Treaties Applied by Courts -- 10.2 Several Methodological Notes -- 10.3 General Summary -- 10.4 Manners of Applying Human Rights Treaties in Case Law -- 10.4.1 Introductory Notes -- 10.4.2 Treaty as Supportive Argument -- 10.4.3 Cardinal Importance of the Treaty -- 10.5 Differences across Treaties: General Trends -- 10.5.1 Introductory Notes -- 10.5.2 Subject Matter and Characteristic of the Legal Formof the International Treaty -- 10.5.3 Establishment of the Treaty in the National Environment -- 10.6 Conclusion -- 11 International Human Rights Lawin Legal Education -- 11.1 Introduction -- 11.2 Human Rights Education in International Law -- 11.3 Human Rights Education at Primary and Secondary Schools -- 11.4 Legal Education in the Czech Republic and Slovakia -- 11.5 International Human Rights at Czech and SlovakLaw Schools -- 11.6 Conclusion -- 12 Conclusion -- About the Authors -- Bibliography -- List of Figures -- List of Tables -- Index -- ANNEX 1: List of Treaties -- ANNEX 2: Ranking of the United Nations Member States and Their Commitment Practice -- ANNEX 3: Ranking of the Council of Europe Member States and Their Commitment Practice.
Additional Edition:
ISBN 80-210-8435-9
Language:
English
Keywords:
Electronic books.
