Andreas Von Staden
Biographic Data
| ID | 4275843 |
|---|---|
| NAME | Andreas Von Staden |
| GIVEN NAMES | Andreas |
| FAMILY NAME | Von Staden |
| SIGNATURE | VON STADEN A |
| AFFILIATIONS | Universität Hamburg |
| ORCID | 0000-0003-3551-6384 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 18 |
| WORKS AS AUTHOR | 12 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2009 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
A Room Full of ‘Views
Quantitative research into the effectiveness of the UN human rights treaty bodies (UNTBs) in eliciting remedial responses from states is impeded by a lack of usable data on how states respond to their decisions. The new Treaty Body Views Dataset (TBVD) aims to fill this gap. It comprises details on all published decisions in individual complaints cases issued by the UNTBs between 1979 and 2019 and matches these with information on their state of …
The Conditional Effectiveness of Soft Law
The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued u…
Seeking overlap and redundancy in human rights protection
A common explanation for state acceptance of the optional individual communications procedures (ICPs) of UN human rights treaties involves costly signalling theory. Commitment to ICPs is said to enable states to signal sincere commitment more credibly. Such signalling, however, is not particularly costly and ultimately a reasonable motive for only a small number of states. For most states that accept ICPs, signalling bears no obvious instrumental…
Committed to Rights
Challenges and Pitfalls in Research on Compliance with the ‘Views’ of UN Human Rights Treaty Bodies
Vera Shikhelman’s recent article on the implementation of the views of the United Nations Human Rights Committee (HRC) took a valuable first step towards addressing the question why states do, or do not, comply with adverse treaty body views. In this contribution, we contend that parts of the chosen theoretical and methodological approach are somewhat problematic, however, and ultimately weaken the overall strength and reliability of Shikhelman’s…
Power and Principle
Subsidiarity, exhaustion of domestic remedies, and the margin of appreciation in the human rights jurisprudence of African sub-regional courts
As an organising principle within multi-level governance systems, subsidiarity stipulates that decisions should be taken at the lower of any two levels of politico-legal organisation, unless compelling reasons argue in favour of moving decision-making to the higher level. In the judicial field, the principle has found expression, procedurally, in the exhaustion of domestic remedies rule and, substantively, in the margin of appreciation and simila…
Muss Ordnung sein? Zum Umgang mit Konflikten zwischen normativen Ordnungen
Andrew Legg, The Margin of Appreciation in International Human Rights Law
There is no dearth of works on the margin of appreciation: countless articles and a number of books have analysed its use in the jurisprudence of the European Court of Human Rights (ECtHR) as well as other international courts and tribunals, or have advocated it as a suitable judicial policy choice in contexts where it has not been adopted yet. In the book here under review, Andrew Legg is fully aware that he is revisiting well-trodden grounds, b…
Introduction to Special Issue
The legitimacy of global governance arrangements remains a major focus of scholarly interest across the social sciences. To maximize the potential insights of such research, a closer cooperation of scholars across the relevant disciplines and the creation of a genuinely interdisciplinary research program promises significant rewards. The normative blueprints for more democratically legitimate forms of global governance developed by political theo…
Charles Leben. The Advancement of International Law
The Advancement of International Law assembles 11 articles and book chapters by Charles Leben, emeritus professor of law at the Universite Pantheon-Assas (Paris II), that were first published between 1989 and 2006. With two exceptions, they appeared in French and are presented here in translation for the first time to make them accessible to a larger academic audience. The essays are grouped into three parts: the first part revolves around severa…
The Politics of the Rule of Law
Journal Article The Politics of the Rule of Law Get access International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Peskin Victor A.. Cambridge: Cambridge University Press, 2008. 272 pp., $85.00 hardcover (ISBN-13: 978-0-521-87230-0).Civil War and the Rule of Law: Security, Development, Human Rights. Edited by Hurwitz Agnès Huang Reyko. Boulder, CO: Lynne Rienner, 2008. 351 pp., $24.50 paperback (…
A Room Full of ‘Views
Quantitative research into the effectiveness of the UN human rights treaty bodies (UNTBs) in eliciting remedial responses from states is impeded by a lack of usable data on how states respond to their decisions. The new Treaty Body Views Dataset (TBVD) aims to fill this gap. It comprises details on all published decisions in individual complaints cases issued by the UNTBs between 1979 and 2019 and matches these with information on their state of …
Seeking overlap and redundancy in human rights protection
A common explanation for state acceptance of the optional individual communications procedures (ICPs) of UN human rights treaties involves costly signalling theory. Commitment to ICPs is said to enable states to signal sincere commitment more credibly. Such signalling, however, is not particularly costly and ultimately a reasonable motive for only a small number of states. For most states that accept ICPs, signalling bears no obvious instrumental…
Introduction to Special Issue
The legitimacy of global governance arrangements remains a major focus of scholarly interest across the social sciences. To maximize the potential insights of such research, a closer cooperation of scholars across the relevant disciplines and the creation of a genuinely interdisciplinary research program promises significant rewards. The normative blueprints for more democratically legitimate forms of global governance developed by political theo…
The Conditional Effectiveness of Soft Law
The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued u…
Challenges and Pitfalls in Research on Compliance with the ‘Views’ of UN Human Rights Treaty Bodies
Vera Shikhelman’s recent article on the implementation of the views of the United Nations Human Rights Committee (HRC) took a valuable first step towards addressing the question why states do, or do not, comply with adverse treaty body views. In this contribution, we contend that parts of the chosen theoretical and methodological approach are somewhat problematic, however, and ultimately weaken the overall strength and reliability of Shikhelman’s…
Subsidiarity, exhaustion of domestic remedies, and the margin of appreciation in the human rights jurisprudence of African sub-regional courts
As an organising principle within multi-level governance systems, subsidiarity stipulates that decisions should be taken at the lower of any two levels of politico-legal organisation, unless compelling reasons argue in favour of moving decision-making to the higher level. In the judicial field, the principle has found expression, procedurally, in the exhaustion of domestic remedies rule and, substantively, in the margin of appreciation and simila…
The Politics of the Rule of Law
Journal Article The Politics of the Rule of Law Get access International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Peskin Victor A.. Cambridge: Cambridge University Press, 2008. 272 pp., $85.00 hardcover (ISBN-13: 978-0-521-87230-0).Civil War and the Rule of Law: Security, Development, Human Rights. Edited by Hurwitz Agnès Huang Reyko. Boulder, CO: Lynne Rienner, 2008. 351 pp., $24.50 paperback (…
Charles Leben. The Advancement of International Law
The Advancement of International Law assembles 11 articles and book chapters by Charles Leben, emeritus professor of law at the Universite Pantheon-Assas (Paris II), that were first published between 1989 and 2006. With two exceptions, they appeared in French and are presented here in translation for the first time to make them accessible to a larger academic audience. The essays are grouped into three parts: the first part revolves around severa…
Introduction to Special Issue
The legitimacy of global governance arrangements remains a major focus of scholarly interest across the social sciences. To maximize the potential insights of such research, a closer cooperation of scholars across the relevant disciplines and the creation of a genuinely interdisciplinary research program promises significant rewards. The normative blueprints for more democratically legitimate forms of global governance developed by political theo…
Muss Ordnung sein? Zum Umgang mit Konflikten zwischen normativen Ordnungen
Andrew Legg, The Margin of Appreciation in International Human Rights Law
There is no dearth of works on the margin of appreciation: countless articles and a number of books have analysed its use in the jurisprudence of the European Court of Human Rights (ECtHR) as well as other international courts and tribunals, or have advocated it as a suitable judicial policy choice in contexts where it has not been adopted yet. In the book here under review, Andrew Legg is fully aware that he is revisiting well-trodden grounds, b…
Subsidiarity, exhaustion of domestic remedies, and the margin of appreciation in the human rights jurisprudence of African sub-regional courts
As an organising principle within multi-level governance systems, subsidiarity stipulates that decisions should be taken at the lower of any two levels of politico-legal organisation, unless compelling reasons argue in favour of moving decision-making to the higher level. In the judicial field, the principle has found expression, procedurally, in the exhaustion of domestic remedies rule and, substantively, in the margin of appreciation and simila…
Power and Principle
Challenges and Pitfalls in Research on Compliance with the ‘Views’ of UN Human Rights Treaty Bodies
Vera Shikhelman’s recent article on the implementation of the views of the United Nations Human Rights Committee (HRC) took a valuable first step towards addressing the question why states do, or do not, comply with adverse treaty body views. In this contribution, we contend that parts of the chosen theoretical and methodological approach are somewhat problematic, however, and ultimately weaken the overall strength and reliability of Shikhelman’s…
Committed to Rights
The Conditional Effectiveness of Soft Law
The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued u…
Seeking overlap and redundancy in human rights protection
A common explanation for state acceptance of the optional individual communications procedures (ICPs) of UN human rights treaties involves costly signalling theory. Commitment to ICPs is said to enable states to signal sincere commitment more credibly. Such signalling, however, is not particularly costly and ultimately a reasonable motive for only a small number of states. For most states that accept ICPs, signalling bears no obvious instrumental…
A Room Full of ‘Views
Quantitative research into the effectiveness of the UN human rights treaty bodies (UNTBs) in eliciting remedial responses from states is impeded by a lack of usable data on how states respond to their decisions. The new Treaty Body Views Dataset (TBVD) aims to fill this gap. It comprises details on all published decisions in individual complaints cases issued by the UNTBs between 1979 and 2019 and matches these with information on their state of …
Political science (12 works) · Human rights (10 works) · Sociology (10 works) · International Law and Human Rights (9 works) · Law (9 works) · Law (9 works) · Law and economics (7 works) · Politics (6 works) · Psychology (6 works) · Global Peace and Security Dynamics (5 works)