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Nicole De Silva

Biographic Data

ID1317870
NAMENicole De Silva
GIVEN NAMESNicole
FAMILY NAMEDe Silva
SIGNATUREDE SILVA N
AFFILIATIONSConcordia University
ORCID0000-0002-7426-3466
VERIFIEDYes
TOTAL WORKS6
TOTAL CITATIONS24
WORKS AS AUTHOR6
WORKS AS EDITOR0
FIRST PUBLICATION YEAR2017
LATEST PUBLICATION YEAR2025
H-INDEX3
  • Managing Complaint Mechanisms for Regulatory Enforcement

    Open Access•Nicole De Silva•ARTICLE•Regulation & Governance•2025•References: 13

    How do regulatory bodies ensure that including the beneficiaries of regulation in regulatory processes improves governance? In many regulatory arrangements, beneficiaries' “fire alarm” monitoring and reporting of targets' violations via complaint mechanisms activate regulatory bodies' enforcement role. This article theorizes how beneficiaries may misuse complaint mechanisms, undermine regulators' performance, and prompt regulators to adopt strate…

  • Hidden figures

    Open Access•Nicole De Silva, Anne Holthoefer•ARTICLE•European Journal of International…•2024•Cited by: 2•References: 43

    Whose preferences influence the design of international institutions? Scholarship on the legalization of international politics and creation of international legal institutions largely adopts a state-centric perspective. Existing accounts, however, fail to recognize how states often delegate authority over institutional design tasks to independent legal experts whose preferences may diverge from those of states. We develop a principal–agent (PA) …

  • NGOs, international courts, and state backlash against human rights accountability

    Open Access•Nicole De Silva, Misha Ariana Plagis•ARTICLE•Law & Society Review•2023•Cited by: 5•References: 43

    When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of state backlash against human rights accountabili…

  • International Courts’ Shadow Effects and the Aims of Judicialized International Cooperation

    Open Access•Nicole De Silva•ARTICLE•AJIL Unbound•2021

    In “Judicialization of the Sea: Bargaining in the Shadow of UNCLOS,” Sara Mitchell and Andrew Owsiak make a valuable contribution to an expanding body of scholarship that considers whether and how international courts have out-of-court “shadow effects.” The authors argue that, in the UN Convention on the Law of the Sea (UNCLOS) regime, the threat of binding international dispute settlement (IDS)—which entails high costs for states—encourages rati…

  • A Human Rights Approach to Emergency Response? The Advocacy of Canada's Human Rights Commissions during the Covid-19 Crisis

    Open Access•Nicole De Silva•ARTICLE•Canadian Journal of Political…•2020•Cited by: 4•References: 8

    Emergencies can threaten human rights by disrupting societies, increasing vulnerabilities, and instigating exceptional measures from governments and other actors. As independent institutions mandated to protect and promote the human rights embedded in Canada's federal, provincial and territorial legislation, Canada's human rights commissions (HRCs) have mobilized to advocate for human rights during the COVID-19 public health emergency

  • Intermediary Complexity in Regulatory Governance

    Open Access•Nicole De Silva•ARTICLE•The Annals of the American…•2017•Cited by: 13•References: 23

    While regulatory governance can be theorized as a three-party game in which regulators use intermediaries to influence targets, I show how regulatory intermediaries can, through delegation and orchestration, engage their own "subintermediaries" to increase their capacity for fulfilling their regulatory mandates and their influence on regulators and targets. I elucidate how the International Criminal Court (ICC)-the key intermediary in the regulat…

  • Intermediary Complexity in Regulatory Governance

    Open Access•Nicole De Silva•ARTICLE•The Annals of the American…•2017•Cited by: 13•References: 23

    While regulatory governance can be theorized as a three-party game in which regulators use intermediaries to influence targets, I show how regulatory intermediaries can, through delegation and orchestration, engage their own "subintermediaries" to increase their capacity for fulfilling their regulatory mandates and their influence on regulators and targets. I elucidate how the International Criminal Court (ICC)-the key intermediary in the regulat…

  • NGOs, international courts, and state backlash against human rights accountability

    Open Access•Nicole De Silva, Misha Ariana Plagis•ARTICLE•Law & Society Review•2023•Cited by: 5•References: 43

    When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of state backlash against human rights accountabili…

  • A Human Rights Approach to Emergency Response? The Advocacy of Canada's Human Rights Commissions during the Covid-19 Crisis

    Open Access•Nicole De Silva•ARTICLE•Canadian Journal of Political…•2020•Cited by: 4•References: 8

    Emergencies can threaten human rights by disrupting societies, increasing vulnerabilities, and instigating exceptional measures from governments and other actors. As independent institutions mandated to protect and promote the human rights embedded in Canada's federal, provincial and territorial legislation, Canada's human rights commissions (HRCs) have mobilized to advocate for human rights during the COVID-19 public health emergency

  • Hidden figures

    Open Access•Nicole De Silva, Anne Holthoefer•ARTICLE•European Journal of International…•2024•Cited by: 2•References: 43

    Whose preferences influence the design of international institutions? Scholarship on the legalization of international politics and creation of international legal institutions largely adopts a state-centric perspective. Existing accounts, however, fail to recognize how states often delegate authority over institutional design tasks to independent legal experts whose preferences may diverge from those of states. We develop a principal–agent (PA) …

  • Intermediary Complexity in Regulatory Governance

    Open Access•Nicole De Silva•ARTICLE•The Annals of the American…•2017•Cited by: 13•References: 23

    While regulatory governance can be theorized as a three-party game in which regulators use intermediaries to influence targets, I show how regulatory intermediaries can, through delegation and orchestration, engage their own "subintermediaries" to increase their capacity for fulfilling their regulatory mandates and their influence on regulators and targets. I elucidate how the International Criminal Court (ICC)-the key intermediary in the regulat…

  • A Human Rights Approach to Emergency Response? The Advocacy of Canada's Human Rights Commissions during the Covid-19 Crisis

    Open Access•Nicole De Silva•ARTICLE•Canadian Journal of Political…•2020•Cited by: 4•References: 8

    Emergencies can threaten human rights by disrupting societies, increasing vulnerabilities, and instigating exceptional measures from governments and other actors. As independent institutions mandated to protect and promote the human rights embedded in Canada's federal, provincial and territorial legislation, Canada's human rights commissions (HRCs) have mobilized to advocate for human rights during the COVID-19 public health emergency

  • International Courts’ Shadow Effects and the Aims of Judicialized International Cooperation

    Open Access•Nicole De Silva•ARTICLE•AJIL Unbound•2021

    In “Judicialization of the Sea: Bargaining in the Shadow of UNCLOS,” Sara Mitchell and Andrew Owsiak make a valuable contribution to an expanding body of scholarship that considers whether and how international courts have out-of-court “shadow effects.” The authors argue that, in the UN Convention on the Law of the Sea (UNCLOS) regime, the threat of binding international dispute settlement (IDS)—which entails high costs for states—encourages rati…

  • NGOs, international courts, and state backlash against human rights accountability

    Open Access•Nicole De Silva, Misha Ariana Plagis•ARTICLE•Law & Society Review•2023•Cited by: 5•References: 43

    When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of state backlash against human rights accountabili…

  • Hidden figures

    Open Access•Nicole De Silva, Anne Holthoefer•ARTICLE•European Journal of International…•2024•Cited by: 2•References: 43

    Whose preferences influence the design of international institutions? Scholarship on the legalization of international politics and creation of international legal institutions largely adopts a state-centric perspective. Existing accounts, however, fail to recognize how states often delegate authority over institutional design tasks to independent legal experts whose preferences may diverge from those of states. We develop a principal–agent (PA) …

  • Managing Complaint Mechanisms for Regulatory Enforcement

    Open Access•Nicole De Silva•ARTICLE•Regulation & Governance•2025•References: 13

    How do regulatory bodies ensure that including the beneficiaries of regulation in regulatory processes improves governance? In many regulatory arrangements, beneficiaries' “fire alarm” monitoring and reporting of targets' violations via complaint mechanisms activate regulatory bodies' enforcement role. This article theorizes how beneficiaries may misuse complaint mechanisms, undermine regulators' performance, and prompt regulators to adopt strate…

Law (5 works) · Political science (5 works) · Economics (3 works) · Law and economics (3 works) · Public Administration (3 works) · Delegation (2 works) · Human rights (2 works) · Human Rights and Development (2 works) · International Arbitration and Investment Law (2 works) · International human rights law (2 works)

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