Time and Compliance with International Rulings: The Case of the Inter-American Court of Human Rights

41 Pages Posted: 7 Oct 2019

See all articles by Aníbal Pérez Liñán

Aníbal Pérez Liñán

University of Notre Dame

Luis Schenoni

University of Notre Dame - Kellogg Institute for International Studies; University of Notre Dame, College of Arts & Letters, Department of Political Science, Students

Kelly Morrison

University of Pittsburgh, Students

Date Written: October 2, 2019

Abstract

Most studies of international courts analyze state compliance with court rulings by looking at the status of legal cases at a particular point in time. This “snapshot” approach ignores two important features of the compliance process. First, states often take a long time to comply with court rulings. Therefore, we need metrics that reflect not only if, but also when, states satisfy court rulings. Second, the conditions that facilitate or hinder compliance change over time. To accommodate these analytic challenges, we introduce the concept of expected time to compliance (ETC), and show how to estimate this metric using discrete-time survival models. We illustrate the advantages of this approach with an analysis of all cases decided by the Inter-American Court of Human Rights between 1989 and 2018.

Keywords: human rights, compliance, Inter-American Court of Human Rights, ius constitutionale commune, statistical models, expected time to compliance

Suggested Citation

Pérez Liñán, Aníbal and Schenoni, Luis and Morrison, Kelly, Time and Compliance with International Rulings: The Case of the Inter-American Court of Human Rights (October 2, 2019). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2019-17. Available at SSRN: https://ssrn.com/abstract=3463105 or http://dx.doi.org/10.2139/ssrn.3463105

Aníbal Pérez Liñán (Contact Author)

University of Notre Dame

Department of Political Science
2060 Jenkins Nanovic Halls
Notre Dame, IN 46556
United States

Luis Schenoni

University of Notre Dame - Kellogg Institute for International Studies ( email )

130 Hesburgh Center
Notre Dame, IN 46556
United States

University of Notre Dame, College of Arts & Letters, Department of Political Science, Students ( email )

217 O'Shaughnessy Hall
Notre Dame, IN 46556
United States

Kelly Morrison

University of Pittsburgh, Students ( email )

United States

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