International Law and Second-Order Compliance

Session Submission Type: Virtual Full Paper Panel

Session Description

Under what conditions do states comply with the rulings of international courts and other international bodies? This panel introduces new analytic perspectives on the analysis of second-order compliance. We will introduce a common framework for the analysis of state compliance and illustrate the usefulness of this framework with specific organizations. Nicole De Silva (Concordia University) will compare experiences of government compliance with (and backlash against) the African Court on Human and Peoples' Rights. Francesca Parente (University of Pennsylvania) will model state responses to the recommendations issued by the Inter-American Commission on Human Rights. Emilia Justyna Powell (University of Notre Dame) will analyze compliance with the awards of the Permanent Court of Arbitration in cases involving interstate proceedings and investor-state arbitrations since the early twentieth century. Aníbal Pérez Liñán (University of Notre Dame), Luis Schenoni (University of Konstanz), and Kelly Morrison (University of Gothenburg) will discuss an application of the framework to the Inter-American Court of Human Rights. Our goal is to show that a common methodological approach can be useful in a wide range of institutional and regional settings. We anticipate that this panel will encourage other scholars attending APSA to collaborate and will lead to an edited volume.

Sub Unit

• Division 17: International Collaboration

Individual Presentations

• Compliance with the Permanent Court of Arbitration - Emilia Justyna Powell, University of Notre Dame

• Repeated Interactions: Compliance at the IACHR - Francesca Parente, Christopher Newport University

• Noncompliance with the African Court on Human and Peoples’ Rights - Nicole De Silva, Concordia University

• Compliance in Time: Lessons from the Inter-American Court of Human Rights - Anibal Perez-Linan, University of Notre Dame; Luis L Schenoni, University College London; Kelly Elizabeth Morrison, University of Gothenburg

Chair

• Anibal Perez-Linan University of Notre Dame

Discussants

• Wayne Sandholtz University of Southern California

• Øyvind Stiansen University of Oslo