"Legalizing human rights and democracy: Comparing the EU, OAS and CE"

Hawkins, Darren and Joachim, Jutta. (2003) "Legalizing human rights and democracy: Comparing the EU, OAS and CE". In: UNSPECIFIED, Nashville, TN. (Unpublished)

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Abstract

States have increased their international commitments to human rights and democracy norms by legalizing them in prominent regional organizations such as the European Union, the Council of Europe, and the Organization of American States. In these organizations, human rights and democracy norms have become increasingly obligatory through binding legal documents and increasingly precise through the development of new treaties and case law. Additionally, states have delegated substantial oversight authority for human rights and democracy issues to IOs. We explain this development by arguing that interests provide state motives, that decreasing security threats and other events provide opportunities to act, and that preexisting norms help determine which principles will be subject to higher levels of legalization. In particular, states have functional interests in more credible commitments and principled interests in human rights, democratic social groups have interests in binding the hands of more authoritarian groups, and IOs have interests in increasing their authority. We find, however, that systemic opportunities and preexisting norms are more powerful explanations of legalization across multiple cases than those various motives.

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