Research Handbook on Law and Courts
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Research Handbook on Law and Courts

Edited by Susan M. Sterett and Lee D. Walker

The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.
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Chapter 27: Domestic legal institutions and international law: the UN Women’s Rights Treaty and the Netherlands

Audrey L. Comstock

Abstract

Countries vary greatly in the speed with which they ratify international human rights treaties. In this chapter, I argue that acknowledging different domestic institutional requirements for ratification is important for understanding ratification timing. Countries requiring legislative approval prior to ratification confront different, more difficult, domestic legal contexts than do states only requiring a head of state’s approval. Without acknowledging the domestic politics and contexts, scholars can dismiss treaties as codifying existing practices and polices when in actuality, the treaty motivated the changes in policies and human rights practices. Tracing the ratification process of the UN Convention on the Elimination of all Forms of Discrimination against Women in the Netherlands, I argue that the legislative approval requirement delayed ratification and moved compliance earlier. While Conservative Christian groups contested expansion of women’s rights in the legislature, the Netherlands was able to implement treaty provisions around the opposition. Courts referenced the treaty, and the legislature adopted supporting, separate, legislation. The Netherlands case of CEDAW ratification highlights that countries requiring legislative approval for ratification have a commitment and compliance timeline distinct from a traditional expectation of compliance following ratification.

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