Making International Human Rights Protection More Effective: A Rational-Choice Approach to the Effectiveness of Ius Standi Provisions

52 Pages Posted: 13 Sep 2005

See all articles by Anne van Aaken

Anne van Aaken

University of Hamburg, Law School; Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods

Date Written: September 2005

Abstract

Empirical research shows that international human rights law is to a large extent ineffective. Individual complaint mechanisms are the only significantly effective enforcement mechanism. Certainly many variables influence the success of enforcement through judicial or quasi-judicial mechanisms but one important variable is the provisions of ius standi, as they have a gate-keeping function. International human rights law can be rendered more effective if individual victims have both de jure and de facto access to its remedies. This article analyzes the different incentives provided by complaint mechanisms for individuals, groups or NGOs to make use of international human rights bodies. They are such, that an insufficient enforcement of IHRL can be expected.

Suggested Citation

van Aaken, Anne, Making International Human Rights Protection More Effective: A Rational-Choice Approach to the Effectiveness of Ius Standi Provisions (September 2005). MPI Collective Goods Preprint No. 2005-16. Available at SSRN: https://ssrn.com/abstract=802424 or http://dx.doi.org/10.2139/ssrn.802424

Anne Van Aaken (Contact Author)

University of Hamburg, Law School ( email )

Johnsallee 35
Hamburg, 20148
Germany

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods ( email )

Kurt-Schumacher-Str. 10
D-53113 Bonn, 53113
Germany

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