Empirical Studies of Human Rights Law

Posted: 23 Oct 2019

See all articles by Kevin L. Cope

Kevin L. Cope

University of Virginia School of Law

Cosette D. Creamer

University of Minnesota - Twin Cities - Department of Political Science; University of Minnesota - Twin Cities - School of Law; Harvard University - Department of Government; Boston University School of Law

Mila Versteeg

University of Virginia School of Law

Date Written: October 2019

Abstract

A growing body of empirical studies has provided important insights into our understanding of the causes and effects of codified human rights. Yet empirical research has treated human rights treaties and constitutional rights as separate domains, even though the two regimes offer many of the same rights protections and can interact and reinforce each other. In this article, we review these two bodies of literature, focusing on two lines of inquiry: studies that (1) treat rights commitments as the outcome to be explained and (2) examine the consequences of these commitments for state behavior. Some broad insights emerge from these literatures. First, the literatures adopt different orientations to explaining why states commit themselves to legal rights. Second, the effect of both human rights treaties and constitutions is usually small and contingent on certain legal and political environments. This review concludes by synthesizing debates over the most effective methods for measuring rights performance and for gauging causal effects.

Suggested Citation

Cope, Kevin L. and Creamer, Cosette D. and Versteeg, Mila, Empirical Studies of Human Rights Law (October 2019). Annual Review of Law and Social Science, Vol. 15, pp. 155-182, 2019, Available at SSRN: https://ssrn.com/abstract=3472499 or http://dx.doi.org/10.1146/annurev-lawsocsci-101317-031123

Kevin L. Cope (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
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Charlottesville, VA 22903
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Cosette D. Creamer

University of Minnesota - Twin Cities - Department of Political Science ( email )

1414 Social Sciences
267 19th Avenue South
Minneapolis, MN 55455
United States

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Harvard University - Department of Government ( email )

1737 Cambridge St
Cambridge, MA 02138
United States

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Mila Versteeg

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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