This thesis aims to shed light on whether international human rights law influences State behavior. Although the international normative framework expands, it is unclear to what extent and why States comply, or not with it. Compliance theories, mostly developed by international relations scholars, have tried to explain this. While some studies have focused on international human rights law, very few have been devoted to compliance with international human rights judgments. Hence, a research gap exists in this respect, and it is unclear whether compliance theories can explain the implementation pattern in such situations. To address this lacuna, the level of implementation of the reparation measures III the disappearance cases issued by the Inter-American Court of Human Rights is assessed based on its compliance resolutions as a first step, followed by a compilation and analysis of information as to the factors that can explain this compliance level. As such information is not readily available in the resolutions and existing research with regard to the particular cases reviewed here, data collection has been carried out in the form of qualitative interviews with key stakeholders. This research particularly considers two case studies: Colombia and Peru, both of which have a considerable number of disappearance cases decided by the Court but represent different national contexts with different factors that can affect and explain compliance. The factors are then tested against the different compliance theories and it is demonstrated that a combination of theories is needed to explain compliance. However, this research shows that the majority of factors that explain compliance are connected to the role domestic actors.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:702115 |
| Date | January 2015 |
| Creators | Schleker, Carolin |
| Publisher | University of Essex |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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