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Settling human rights violations

Descriptive

TypeOfResource
Text
TitleInfo
Title
Settling human rights violations
Name (type = personal)
NamePart (type = family)
Contesse
NamePart (type = given)
Jorge
Affiliation
Dean's Office (School of Law-Newark), Rutgers University
Role
RoleTerm (authority = marcrt); (type = text)
author
Name (authority = RutgersOrg-Department); (type = corporate)
NamePart
Dean's Office (School of Law-Newark)
Name (authority = RutgersOrg-School); (type = corporate)
NamePart
School of Law-Newark
Genre (authority = RULIB-FS)
Article, Non-refereed
Genre (authority = NISO JAV)
Accepted Manuscript (AM)
OriginInfo
DateCreated (encoding = w3cdtf); (keyDate = yes); (qualifier = exact)
2019
Abstract (type = Abstract)
In the past few decades, human rights courts have been widely established around the world, sparking the interest of legal scholars who devote significant attention to state accountability for human rights violations. Academic centers exclusively dedicated to the study of international courts have appeared, and conferences on the role of international adjudication now abound. International law has become a juricentric discipline.

With the enormous attention afforded to the international human rights judiciary, critical aspects of non-judicial human rights decision-making are often neglected. One understudied mechanism is that of friendly settlements, whereby victims of human rights violations, acting under the “good offices” of regional human rights bodies, enter into direct negotiations with respondent states toward a consensual resolution to a human rights dispute. Despite its prolific use in regional human rights regimes, legal scholars have largely neglected the friendly settlement mechanism. This Article fills that gap. Drawing on a review of all friendly settlements executed before the Inter-American Commission on Human Rights, as well as interviews with Commission personnel (including two of its former presidents), state officials from six Latin American countries, members of non-governmental organizations, and petitioners, this Article comprehensively analyzes the general practice of settling human rights disputes. The Article identifies various motivations underlying the practice: states avoid the “naming and shaming” that comes with human rights litigiousness; victims more quickly obtain reparations; and human rights bodies alleviate their backlog.

But friendly settlements also raise serious--and unnoticed--challenges. The Article unearths both normative and practical concerns with settling human rights violations and considers a novel alternative. It proposes an improved form of friendly settlement that (i) distinguishes between and affords differentiated procedural treatment to disputes concerning individual violations and those seeking structural remedies, and (ii) delegates negotiation and compliance functions to local authorities. With these improvements, the Article concludes, human rights settlements can play a critical role in holding states accountable, along with--and even more than--human rights adjudication.
Language
LanguageTerm (authority = ISO 639-3:2007); (type = text)
English
PhysicalDescription
InternetMediaType
application/pdf
Extent
1 online resource (70 pages)
Extension
DescriptiveEvent
Type
Citation
DateTime (encoding = w3cdtf)
2019
AssociatedObject
Name
Harvard International Law Journal
Type
Journal
Relationship
Has part
Identifier (type = volume and issue)
60(2)
RelatedItem (type = host)
TitleInfo
Title
Contesse, Jorge
Identifier (type = local)
rucore30265400001
Location
PhysicalLocation (authority = marcorg); (displayLabel = Rutgers, The State University of New Jersey)
NjNbRU
Identifier (type = doi)
doi:10.7282/t3-vwna-z077
Genre (authority = ExL-Esploro)
Accepted Manuscript
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Rights

RightsDeclaration (AUTHORITY = FS); (TYPE = [FS] statement #1); (ID = rulibRdec0004)
Copyright for scholarly resources published in RUcore is retained by the copyright holder. By virtue of its appearance in this open access medium, you are free to use this resource, with proper attribution, in educational and other non-commercial settings. Other uses, such as reproduction or republication, may require the permission of the copyright holder.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Permission or license
RightsEvent
Type
Permission or license
AssociatedObject
Type
License
Name
Sole author license v. 1
Detail
I hereby grant to Rutgers, The State University of New Jersey (Rutgers) the non-exclusive right to retain, reproduce, and distribute the deposited work (Work) in whole or in part, in and from its electronic format, without fee. This agreement does not represent a transfer of copyright to Rutgers.Rutgers may make and keep more than one copy of the Work for purposes of security, backup, preservation, and access and may migrate the Work to any medium or format for the purpose of preservation and access in the future. Rutgers will not make any alteration, other than as allowed by this agreement, to the Work.I represent and warrant to Rutgers that the Work is my original work. I also represent that the Work does not, to the best of my knowledge, infringe or violate any rights of others.I further represent and warrant that I have obtained all necessary rights to permit Rutgers to reproduce and distribute the Work and that any third-party owned content is clearly identified and acknowledged within the Work.By granting this license, I acknowledge that I have read and agreed to the terms of this agreement and all related RUcore and Rutgers policies.
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Technical

RULTechMD (ID = TECHNICAL1)
ContentModel
Document
CreatingApplication
Version
1.3
ApplicationName
Mac OS X 10.13.3 Quartz PDFContext
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2019-03-24T12:49:20
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2019-03-24T12:49:20
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