NCJ Number
183101
Journal
Revista IIDH Volume: 28 Dated: July 1998 Pages: 11-37
Date Published
1998
Length
27 pages
Annotation
This article analyzes the Inter-American Commission on Human Rights under three theories of compliance.
Abstract
The analysis of the Inter-American Commission on Human Rights examines three different theories of compliance and their applicability to the inter-American system: a theory focusing on fairness in international law and institutions, the Managing Compliance model, and Transnational Legal Process. The fairness in international law, both procedural and substantive fairness, focuses on the morality of international law. The basic proposition is that, if international law is fair, states will be more willing to comply. The Managing Compliance model, while it has a more pragmatic approach, also relies on certain aspects of the fairness analysis. The Transnational Legal Process focuses on the different layers that must be borne in mind to be effective in achieving compliance with human rights standards. A critical aspect of this process is the internationalization of the norms. The article claims that the Commission has enhanced its legitimacy by becoming a treaty body; it has become a professional organ, resisting political pressures and being committed to its mandate of defending human rights in the region. Notes