THE DEVELOPMENT OF THE INTERNATIONAL HUMAN RIGHTS REGIME /
EMMANUEL OLUWATOSIN ADEWUSI; SUPERVISOR: ASST. PROF. DR. ÖZKER KOCADAL
- xiii, 209 sheets; 31 cm. Includes CD
Thesis (PhD) - Cyprus International University. Institute of Graduate Studies and Research International Relations Department
Includes bibliography (sheets 187-209)
ABSTRACT The issue of human rights had been a domestic issue that lies within the jurisdiction of the government of a sovereign state, especially in terms of pursuing enforcement, implementation, and promotion activities. The event of holocaust has brought the discourse of human rights into international politics resulting in international regimes of human rights since the Universal Declaration of Human Rights in 1948. This study examines the effectiveness of the elements of these regimes at the global and regional levels. At the global level, several mechanisms such as the United Nations Declaration of Human Rights, the Human Right Council, and the Treaty bodies have been examined. The challenge of these global mechanisms is the limitation in international proximity for implementation and enforcement. Only the gross level of human rights violations gains the attention of the global international human rights regime as this has been the precedent since the development of the regime in 1948. At the regional level, European and African human rights regimes were compared using two approaches; 1) This study implemented an institutional-based approach by examining the overlapping role of the Court of Justice and the Human rights Court; European Court of Justice and the European Court of Human Rights on one side and the African Court of Justice and African Court of Human Rights. 2) Secondly, a new methodological approach -fuzzy-set qualitative comparative mechanism- was applied to examine the condition for the effectiveness of human rights mechanisms in 76 cases composed of European Union and African Union countries. The outcome shows the ratification of treaties, development of national human rights institutions, and a growing GDP per capita in the absence of rule of law improve the protection of human rights in Europe. The low GDP per capita and absence of rule of law significantly weaken human rights protection in Africa while rule of law and institution is necessary to me implemented in African countries. The analysis reveals that the establishment of human rights institutions is essential to protect human rights in Europe, as a complement to the role of the courts as a legal institution. In conclusion, institutions are crucial in international human rights regimes, however, this proves more effective at the regional level. Keywords: Africa, Europe, Human Rights Courts, Human Rights, International Regimes, National Human Rights Institutions, Regional Regimes,
Human rights--Europe--Dissertations, Academic Human rights--Africa--Dissertations, Academic International human rights courts--Dissertations, Academic International regimes--Dissertations, Academic National human rights institutions --Dissertations, Academic