Alec Stone Sweet’s research while affiliated with The University of Hong Kong and other places

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Publications (112)


The European Court of Human Rights
  • Chapter

August 2024

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18 Reads

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1 Citation

Alec Stone Sweet

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The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


List of Figures

August 2024

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


The Dilemma of Effectiveness

August 2024

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


The Inter-American System of Human Rights

August 2024

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7 Reads

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


The Qualified Rights

August 2024

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3 Reads

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


The Law and Politics of International Human Rights Courts

August 2024

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7 Reads

·

1 Citation

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


Absolute Rights

August 2024

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5 Reads

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


List of Tables

August 2024

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


The African Regional Courts

August 2024

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


The Law and Politics of International Human Rights Courts: The Dilemma of Effectiveness

July 2024

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5 Reads

The Law and Politics of International Human Rights Courts addresses three key topics. First, the book provides an account of the origins and evolution of six regional human rights courts. In each, judges sought to overcome political forces and legal obstacles that threatened to neutralize the regime and render it irrelevant to the daily lives of the people. Second, it analyzes the emergence of a common “jurisprudence of effectiveness,” the express purpose of which has been to raise standards of rights protection within nascent, multi-level “transnational systems of justice.” A transnational system of justice is comprised of three components: a charter of rights, a court tasked with enforcing the charter, and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the case law on diverse topics, covering both absolute rights (the right to life and prohibitions of torture and slavery) and selected qualified rights (self-determination, abortion and privacy, family law, and indigenous rights to property). Third, the book examines how state officials respond to the development of systems of transnational justice (STJs), in particular, the extent to which the prospect of more effective rights protection is embraced by state officials. In each of the cases, the activities of the STJ have generated significant political “backlash,” leading some states to seek to curb the court’s authority or to exit the regime. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.


Citations (48)


... The personal legal cultivation of civil servants is the top priority of public administration [6].Although public administration has the role of regulating and restraining the behavior of civil servants, it is far from enough to eliminate the phenomenon of abuse of power by civil servants by relying on such means [7].To realize the integration of public management and civil service legal system, we must first establish a sound civil service legal system and introduce supporting laws. At the present stage, many civil servants in China have made some acts against the legal system, such as malfeasance and abuse of law, using power for personal gain, misappropriation of public funds, accepting bribes, trading in power and sex, low political ability, lack of responsibility, etc [8], [9].The reason for this is not only the deviation of individual thoughts and the impact of money worship, but also the unsoundness of the relevant system [10]. Many scholars in China are aware of the significance of studying the institutionalization of the civil service legal system, and have also made a lot of research results, but this, after all, only remains in the theoretical stage, and has not yet formed a sound system of legal norms for civil servants nationwide, coupled with the lack of effective legal education channels, the institutionalization of the civil service legal system in China is slow to develop. ...

Reference:

The Legal Construction of China’s Civil Service using Data Fusion from the Perspective of Administrative Law and Reflections
Breaching the Taboo? Constitutional Dimensions of the New Chinese Civil Code
  • Citing Article
  • Full-text available
  • May 2023

Asian Journal of Comparative Law

... Selon l'auteur, elle ne tient pas au regard de l'inexorable existence du « droit spontané, biaisé et négocié » 228 .Secundo, la volonté de mieux éclairer l'action politique ne doit pas occulter le fait qu'il n'existe pas de décision idéale qui découle de la simple application apolitique d'un raisonnement déductif. Comme le résume Maria Lee à propos du droit de l'environnement : le degré de risque pris, les questions de distribution et les vertus attribuées à di昀昀érents biens nécessitent de réaliser, quelle que soit l'information fournie, des choix teintés de valeurs229 . La formule suivante du philosophe Julien Freund le résume bien : « il ne saurait y avoir de décision politique objective au sens scienti昀椀que du terme » 230 .Tertio, en ce qui concerne les modèles évaluatifs, ceux-ci reposent sur la possibilité d'établir un lien de cause à e昀昀et non ambigu ou, autrement dit, sur la possibilité d'attribuer, ex ante ou ex post, des e昀昀ets à une décision déterminée231 . ...

The Oxford Handbook of the European Union

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Anand Menon

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Stephen Weatherill

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[...]

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Gary Marks

... Se han explicado los elementos centrales de la teoría alexiana, sometiéndolos a crítica, para luego proponer una alternativa que rescata sus elementos fundamentales y evita las debilidades del principio de proporcionalidad (Sieckmann, 2014). Además, se ha analizado el contraste entre la expansión de la proporcionalidad en los cinco continentes y el denominado escepticismo norteamericano (Stone Sweet & Mathews, 2013). ...

Proporcionalidad y constitucionalismo: Un enfoque comparativo global
  • Citing Book
  • December 2013

... IRAs are nevertheless vulnerable to populist assault targeting their autonomy, as research suggests that populists can employ various alternative strategies to undermine the authority of IRAs. One common approach is legal restructuring and de-delegation, where populist governments revoke or weaken the statutory independence of regulators, transferring their authority back to ministerial departments to increase direct political oversight (Ozel, 2012;Thatcher, Sweet & Rangoni, 2023). Another strategy involves political appointments and institutional capture, in which key regulatory positions are filled with politically aligned figures to ensure compliance with the executive's agenda, effectively subordinating regulatory agencies to partisan. ...

Reversing delegation? Politicization, de‐delegation, and non‐majoritarian institutions

Governance

... From the point of view of the institutional theory of isomorphism, environmental regulation will naturally encourage multinational companies to operate in accordance with emission reduction laws. Research has shown that law enforcement is a strong coercive factor that affects organizational practices (Sweet, 2022) ...

The law and politics of transnational rights protection: Trusteeship, effectiveness, de‐delegation
  • Citing Article
  • September 2022

Governance

... 24, no. 3 (march 2024) unjustified laws undermine social trust (Vallier 2019), political community (Leland & Wietmarschen 2017;Lister 2013), or a morally attractive notion of stability (Rawls 2005). Relatedly, they argue that publicly unjustified laws are less effective at securing whatever they aim to achieve because, all else equal, they are less stable, more likely to generate resistance and backlash, and so less predictable (Barrett & Gaus 2020). Under moral uncertainty, we should presumably give some credence to these arguments and, accordingly, to the idea that a law is wrong in virtue of being publicly unjustified. ...

Public Reason and Courts
  • Citing Article
  • May 2020

... NMIs have become central actors in governance and take a wide range of authoritative decisions. Today, central banks make monetary policy with implications for economic performance, markets and politics (Bodea & Hicks, 2015;Jones, 2019;McNamara, 2002;Schelkle, 2017); independent agencies regulate markets (Coen & Thatcher, 2005;Jordana et al., 2011;Thatcher, 2005); courts protect rights (Alter, 2014;Stone Sweet & Mathews, 2019); international organizations develop rules for international commerce and investment (Büthe & Mattli, 2011;Hoekman & Kostecki, 2009;Nielson & Tierney, 2003;Stone Sweet & Grisel, 2017;Quaglia, 2020); and supranational authorities manage complex multi-level governance relationships (Da Conceição-Heldt, 2013;Hooghe & Marks, 2001;Howarth & Quaglia, 2016;Pollack, 2003;Wilks & Bartle, 2002). Although wide variation in their institutional configuration exists, NMIs share some common features. ...

Proportionality Balancing and Constitutional Governance: A Comparative and Global ApproachA Comparative and Global Approach
  • Citing Book
  • May 2019

... These additional safeguard result from a better understanding of their legal liability, gained from the experience of controversial claims (Gagne and Morin 2006 ;Jandhyala, Henisz, and Mansfield 2011 ). Under this perspective, contestation has led to incremental adaptation rather than grand ruptures, favouring the stability and resilience of the investment regime complex (Gordon and Pohl 2015 ;Stone Sweet, Chung, and Saltzman 2017 ). ...

Arbitral Lawmaking and State Power: An Empirical Analysis of Investment Arbitration
  • Citing Article
  • January 2017

SSRN Electronic Journal

... In addition, it is necessary to explore a legal system suitable for blockchain dispute resolution, covering key areas such as smart contracts, evidence storage, and data privacy. In this way, relevant legal issues can be studied to help cross-border e-commerce obtain more stable and predictable protection (Sweet & Grisel, 2017). ...

The Evolution of International Arbitration: Judicialization, Governance, Legitimacy
  • Citing Book
  • February 2017