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Researchers often lack the necessary data to credibly estimate racial discrimination in policing. In particular, police administrative records lack information on civilians police observe but do not investigate. In this article, we show that if police racially discriminate when choosing whom to investigate, analyses using administrative records to estimate racial discrimination in police behavior are statistically biased, and many quantities of interest are unidentified—even among investigated individuals—absent strong and untestable assumptions. Using principal stratification in a causal mediation framework, we derive the exact form of the statistical bias that results from traditional estimation. We develop a bias-correction procedure and nonparametric sharp bounds for race effects, replicate published findings, and show the traditional estimator can severely underestimate levels of racially biased policing or mask discrimination entirely. We conclude by outlining a general and feasible design for future studies that is robust to this inferential snare.
Positive, global, and health or environment framing bolsters public support for climate policies
(2022)
Public support for climate policies is important for their efficacy, yet little is known about how different framings of climate change affect public support for climate policies around the world. Here we report findings from a conjoint experiment of 7,500 adults in five countries – China, Germany, India, UK, and USA – to identify climate messages that elicit greater support for policies to tackle climate change. Messages were randomly varied on four attributes: positive (opportunity) or negative (threat) framings, theme (health, environment, economy, migration), scale (individual, community, national, global), and time (current, 2030, 2050). We find that a positive frame, health and environmental frames, and global and immediate frames bolster public support. We examine differences between countries, and across groups within countries – particularly focusing on the effect of these frames among individuals that are unconcerned about climate change. Among this group, positive and health frames increase the likelihood of support for climate policies, indicating the relevance of these frames for shifting policy preferences for different audience groups.
Phasing out coal is a prerequisite to achieving the Paris climate mitigation targets. In 2018, the German government established a multi-stakeholder commission with the mandate to negotiate a plan for the national coal phase-out, fueling a continued public debate over the future of coal. This study analyzes the German coal debate on Twitter before, during, and after the session of the so-called Coal Commission, over a period of three years. In particular, we investigate whether and how the work of the commission translated into shared perceptions and sentiments in the public debate on Twitter. We find that the sentiment of the German coal debate on Twitter becomes increasingly negative over time. In addition, the sentiment becomes more polarized over time due to an increase in the use of more negative and positive language. The analysis of retweet networks shows no increase in interactions between communities over time. These findings suggest that the Coal Commission did not further consensus in the coal debate on Twitter. While the debate on social media only represents a section of the national debate, it provides insights for policy-makers to evaluate the interaction of multi-stakeholder commissions and public debates.
While the public image of legislative debates is often less than favourable, parliamentary deliberations can be an important indicator of policy preferences, issue saliency and cohesion within political parties. We consider the case of a parliamentary debate that had a considerable long-term political legacy, forging a party system that endured for almost a century. The debates in the Irish parliament over the 1921 Anglo-Irish Treaty were a critical juncture that split a dominant party, resulting in, first, a civil war and, later, a new mode of party competition. We analyse the text of the debates from this period to see if they contribute to a greater understanding of the ensuing split. Few differences between the two sides in parliament are found, which might explain why few were the differences between the key actors in the party system that evolved.
This paper provides a picture of how societies in the G7 countries have responded to the COVID-19 pandemic. Our point of departure is to examine the effects of the pandemic in terms of four fundamental normative sources for well-being: Solidarity (S; willingness for social cooperation), Agency (A; empowerment to shape one’s prospects through one’s own efforts), GDP (G), and Environmental Performance (E)—SAGE for short. The normative foundations of SAGE are communitarianism, classical liberalism, materialistic utilitarianism, and ecoethics. We find that although G and E responded predictably and uniformly to the pandemic (such as G declining and carbon emissions improving), the societal responses were strikingly different. Societies that are cohesive and empowered (high S and A) may be expected to cope with the pandemic better than those that are fragmented and disempowered (low S and A). Furthermore, the pandemic has had diverse effects on S and A; while some societies became cohering and empowering (rising S and A), others became fragmenting and disempowering (falling S and A), and yet others became fragmenting and empowering. We also show that most G7 countries experienced greater tribalization (measured as the difference between inward S and outward S) during the pandemic. These trends are a matter of concern since they suggest that the willingness and perceived ability to address collective challenges collectively have waned. The analysis also suggests that governments’ social policies may have an important role to play alongside economic and health policies in coping with the pandemic.
This article argues that human health has become a key consideration in recent global reports on climate change and biodiversity produced by various international organisations; however, greater attention must be given to the unequal health impacts of climate change and biodiversity loss around the world and the different health adaptation measures that are urgently required.
Sovereign defaults in court
(2021)
For centuries, defaulting governments were immune from legal action by foreign creditors. This paper shows that this is no longer the case. Building a dataset covering four decades, we find that creditor lawsuits have become an increasingly common feature of sovereign debt markets. The legal developments have strengthened the hands of creditors and raised the cost of default for debtors. We show that legal disputes in the US and the UK disrupt government access to international capital markets, as foreign courts can impose a financial embargo on sovereigns. The findings are consistent with theoretical models with creditor sanctions and suggest that sovereign debt is becoming more enforceable. We discuss how the threat of litigation affects debt management, government willingness to pay, and the resolution of debt crises.
Need satisfaction in intergroup contact: A multinational study of pathways toward social change
(2022)
The question of whether intergovernmental organizations (IGOs) have a socialization effect on member state preferences is central to international relations. However, empirical studies have struggled to separate the socializing effects of IGOs on preferences from the coercion and incentives associated with IGOs that may lead to foreign policy alignment without altering preferences. This article addresses this issue. We adopt a novel approach to measuring state preferences by applying text analytic methods to country statements in the annual United Nations General Debate (UNGD). The absence of interstate coordination with UNGD statements makes them particularly well suited for testing socialization effects on state preferences. We focus on the European Union (EU), enabling us to incorporate the pre-accession period—when states have the strongest incentives for foreign policy alignment—into our analysis. The results of our analysis show that EU membership has a socialization effect that produces preference convergence, controlling for coercion and incentive effects.
This paper reviews empirical studies that have examined the causal determinants of fertility behaviour. In particular, we compare the approaches adopted in the different disciplines to improve our understanding of how birth dynamics are influenced by changes in female employment and changes in family policies. The wide array of panel data that have become available in recent years provide great potential for advanced causal modelling in this field. Event history modelling has been a dominant approach in sociology and demography. However, researchers are increasingly turning to other methods to unravel causal effects, such as fixed-effects modelling, the regression discontinuity approach, and statistical matching. We summarise selected studies, and discuss the advantages and the shortcomings of the different approaches. In an empirical section, we analyse the impact of the German 2007 policy reform on birth behaviour to illustrate the difficulties involved in isolating policy effects. The final chapter concludes by underscoring that even simple modelling strategies may be beneficial for improving our understanding of how policy effects shape demographic behaviour, and for laying the groundwork for more fine-grained causal investigations.
* This article belongs to a special issue on “Identification of causal mechanisms in demographic research: The contribution of panel data”.
Knowledge about political representatives' behavior is crucial for a deeper understanding of politics and policy-making processes. Yet resources on legislative elites are scattered, often specialized, limited in scope or not always accessible. This article introduces the Comparative Legislators Database (CLD), which joins micro-data collection efforts on open-collaboration platforms and other sources, and integrates with renowned political science datasets. The CLD includes political, sociodemographic, career, online presence, public attention, and visual information for over 45,000 contemporary and historical politicians from ten countries. The authors provide a straightforward and open-source interface to the database through an R package, offering targeted, fast and analysis-ready access in formats familiar to social scientists and standardized across time and space. The data is verified against human-coded datasets, and its use for investigating legislator prominence and turnover is illustrated. The CLD contributes to a central hub for versatile information about legislators and their behavior, supporting individual-level comparative research over long periods.
This article offers results of a comparative case study into how pressures from the media translate into the involvement of senior civil servants (SCSs) in media management and how this is reflected in differentiated ways in politico-administrative relationships. It offers tentative explanations for these differences through the lens of ‘public service bargains’. Based upon a qualitative analysis of documents and 62 interviews with SCSs and advisers in Denmark, Sweden and the UK, the research found that: (i) media management, in some countries, generates an extension and an amplification of the normative expectations towards SCSs’ involvement in media management; (ii) this is accompanied by a revitalisation of the reflections from SCSs to balance their responsiveness to the minister with anonymity and neutrality when involved in media management; (iii) an extensive formal politicisation seems to curb pressures on SCSs’ anonymity and neutrality and their involvement in media management. These findings improve our knowledge of SCSs’ involvement in media management by raising crucial questions about the political neutrality of administrators, tendencies towards politicised governance and (more) interventionist political staffers – amid intensified pressures from the media on governments.
Purpose
For the past three years, the German longitudinal COPSY (COVID-19 and PSYchological Health) study has monitored changes in health-related quality of life (HRQoL) and the mental health of children and adolescents during the COVID-19 pandemic.
Methods
A nationwide, population-based survey was conducted in May–June 2020 (W1), December 2020–January 2021 (W2), September–October 2021 (W3), February 2022 (W4), and September–October 2022 (W5). In total, n = 2,471 children and adolescents aged 7–17 years (n = 1,673 aged 11–17 years with self-reports) were assessed using internationally established and validated measures of HRQoL (KIDSCREEN-10), mental health problems (SDQ), anxiety (SCARED), depressive symptoms (CES-DC, PHQ-2), psychosomatic complaints (HBSC-SCL), and fear about the future (DFS-K). Findings were compared to prepandemic population-based data.
Results
While the prevalence of low HRQoL increased from 15% prepandemic to 48% at W2, it improved to 27% at W5. Similarly, overall mental health problems rose from 18% prepandemic to W1 through W2 (30–31%), and since then slowly declined (W3: 27%, W4: 29%, W5: 23%). Anxiety doubled from 15% prepandemic to 30% in W2 and declined to 25% (W5) since then. Depressive symptoms increased from 15%/10% (CES-DC/PHQ-2) prepandemic to 24%/15% in W2, and slowly decreased to 14%/9% in W5. Psychosomatic complaints are across all waves still on the rise. 32–44% of the youth expressed fears related to other current crises.
Conclusion
Mental health of the youth improved in year 3 of the pandemic, but is still lower than before the pandemic.
This study applies a hierarchical clustering approach to identify social enterprise models that have appeared in a setting of public sector-led incubation. Within such a context, a high degree of conformity ought to be apparent due to the coercive isomorphic pressures associated with public sector patronage. We nominate South Korea for our analysis, given that the rising number of social enterprises in the country is closely related to a regulatory intervention. Based on an analysis of 468 social enterprises, we find, contrary to expectations, that distinct clusters of government-certified social enterprises have emerged, namely social utility niche, job outsourcing, market opportunity, and integrated balanced models. We typologize these models according to their strategic orientation, mission focus, and institutional alignment. In doing so, we contribute to social enterprise research by illustrating how organizational pluralism may manifest when the growth of a population of social enterprises is directly linked to public sector intervention and regulation.
Separate Housework Spheres
(2024)
Using novel time-use data from Germany before and after reunification, we document two facts: First, spouses who both work full-time exhibit similar housework patterns whether they do so voluntarily or due to a full-time mandate, as in the GDR. Second, men’s amount of housework is independent of their spouse’s labour supply. We theoretically explain this pattern by the presence of two household goods and socially learned gender-specific comparative advantage in their home production. We label this gender specialisation as separate housework spheres. Empirical evidence strongly confirms separate housework spheres in the GDR, West Germany, subsequent years post-reunification, and in international time-use data across 17 countries since the 1970s. We consider several implications, such as those for child penalties, where separate housework spheres provide a novel explanation for why it is the mothers whose labour market outcomes strongly deteriorate upon the arrival of children.
Strategic Use of Unfriendly Leadership and Labor Market Competition: An Experimental Analysis
(2024)
A significant portion of the workforce experiences what we term `unfriendly leadership,' encompassing various forms of hostile behavior exhibited by managers. The motivations driving managers to adopt such behaviors are insufficiently understood. To explore this phenomenon, we conducted a laboratory experiment examining the relationship between managers' use of unfriendly leadership and labor market competition. We discern two labor market states: excess labor demand, where managers compete to hire workers, and excess labor supply, where workers compete to be hired. By perceiving unfriendly leadership as a performance-contingent punishment device inflicting discomfort on workers, we hypothesize that managers are less inclined to resort to unfriendly leadership when they compete to hire workers. We find that managers tend to engage in unfriendly leadership more frequently and intensely under excess labor supply, in comparison to excess labor demand. This trend is particularly pronounced among male participants. Additionally, workers display a decreased likelihood of accepting employment offers from more unfriendly managers and exert lower levels of effort when working under such managers, indicating that unfriendly leadership is costly.
Sweden and West Germany have had persistently high divorce rates in recent decades, but these two welfare states were differently equipped to mitigate the economic consequences of divorce for individual security in old age: Sweden followed a gender-equal policy approach to enable women and men to achieve economic autonomy, while West Germany, following the male-breadwinner model, introduced the system of ‘divorce-splitting’ to account for differences in women's and men's income. Against this background, this study uses large-scale register data from the German Public Pension Fund and the Swedish population registers to examine how divorce is related to the monthly public old-age pension income of women and men. The main comparison groups are divorced and (re)married individuals who entered retirement between 2013 and 2018. We descriptively show annual income histories from ages 20 to 65, and calculate monthly public old-age pension income with respect to lifetime income and pension regulations, such as the supplements/deductions for ‘divorce-splitting’. Multiple ordinary least square regression models further examine how family status relates to monthly public old-age pension income by gender. The results reveal that women and men in Sweden experience similar working histories, although women's incomes are lower. This is also reflected in women still having lower pension incomes than men. However, divorced and married women show comparable pension incomes, while divorced men receive approximately 26 per cent less pension income than married men. In West Germany, divorced women have significantly higher pension incomes than married women. The system of ‘divorce-splitting’ increases women's and decreases men's pension incomes, which seems to equalise their pension incomes. However, both stay below a married man's pension income. The findings indicate economic inequality in public old-age pension income by family status in Sweden and West Germany.
Tracing Transparency: Public Governance of Algorithms and the Experience of Contact Tracing Apps
(2022)
Based on a seminar organized by LIEPP and CIVICA which took place at Sciences Po in June 2022, this publication brings together ten academic researchers from seven different CIVICA universities (Bocconi, CEU, EUI, Hertie School, LSE, Sciences Po, SNSPA), who are involved in various forms of policy evaluation. These contributions from Austria, France, Germany, Hungary, Italy, Romania, and the United Kingdom, reflect on the assets and challenges of developing policy evaluation in an academic setting. The seminar was organized as part of CIVICA’s research focus on “Democracy in the 21st century”, but through the crosscutting nature of program evaluation, it is also of interest to CIVICA’s three others research streams (on societies in transition, data, and Europe revisited). The aim of this debate is thus to better understand the specificities, assets and challenges of developing evaluation from within an academic setting, in view of eventually reflecting on possible ways to collectively reinforce this practice within CIVICA, and use CIVICA as a leverage to reinforce this practice. This debate is organized around two topics, developing academic evaluative research, and the role of academic institutions in outreach and training in evaluation. Contributions are based on presentations of the experiences of each CIVICA partner.
This cumulative dissertation examines how couples with children in Germany divide paid and unpaid work and identifies several factors related to a more egalitarian division of labor. In the first paper, I focus on the division of paid work in couples with children, comparing female same-sex and different-sex couples, which constitutes an empirical novelty. Discussing the applicability of division of labor theories to same-sex couples, I further exploit the historically shaped gender culture of East and West Germany. Based on the German Microcensus (2010-2019) and using pooled OLS regressions, I show that female same-sex couples divide paid work more equally than different-sex couples. Comparing East and West Germany, I find a similarly equal division of paid work among same-sex and different-sex couples in the East, while different-sex couples in the West specialize more. The analysis highlights the importance of the cultural context and normative explanations of the division of labor.
The second paper turns to childcare, the intersection of the paid working life with the father’s contribution to childcare being a key concern of researchers and policymakers. The COVID-19 pandemic and the short-time work scheme provided a “natural experiment” for investigating this nexus. Based on IAB-HOPP data and multinomial logistic regressions, we show that fathers in short-time work take over more care responsibilities than fathers continuously employed with regular working 1 hours. The findings indicate that policies targeting men’s working hours can affect the gendered distribution of childcare within couples.
The third paper focuses on the methodological problem of analyzing the division of unpaid work in couples often from one partner’s perspective only. Therefore, I examine the determinants of ‘perception gaps’ (defined as the mismatches between partners’ responses). Based on pairfam data, I analyze respondents’ reports on housework and childcare during the transition to first parenthood and show that a substantial perception gap exists, with 30% regarding housework and 25% concerning childcare. Results of the logistic regressions indicate that perception gaps are lowest among couples where the woman is employed or highly educated. These findings clearly underline the importance of a dyadic perspective on the division of labor in couples.
Grand Challenge Initiatives in AI for Climate & Nature: Landscape Assessment and Recommendations
(2024)
Bürger:innenprognosen in einem Mischwahlsystem: Die deutsche Bundestagswahl 2021 als Testfall
(2024)
Wie viele Wahlkreise gewinnt welche Partei bei der Bundestagswahl? Diese Frage war im Vorfeld der Bundestagswahl 2021 trotz des deutschen Mischwahlsystems unter Fachleuten wie auch einer breiteren Öffentlichkeit von besonderem Interesse. Diesem Bedarf an Vorhersagen bedient in jüngerer Zeit eine zunehmende Zahl von Prognosemodellen, die sich jedoch fast ausschließlich auf die Zweitstimme abzielen. Für Wahlkreise gibt es nicht nur in Deutschland, sondern auch in reinen Mehrheitswahlsystemen, kaum relevante Umfragen. Wir führten daher eine Wahlerwartungsumfrage durch, um den Wahlausgang in jedem einzelnen Bundestagswahlkreis zu prognostizieren. Wir nennen unseren Ansatz Bürger:innenprognose, weil er auf den Erwartungen der Bürger:innen über das Wahlverhalten ihrer Mitbürger:innen beruht und nicht auf deren selbstberichteten Wahlabsichten. In diesem Beitrag stellen wir unsere Bürger:innenprognose vor, evaluieren ihre Genauigkeit und vergleichen sie mit anderen Ansätzen zur Wahlprognose.
One of the manifestations of platform power is the ability of platforms to successfully ignore existing rules and disrupt established patterns of regulation, thereby challenging the pillars of the regulatory state. But while the disruptive nature of the platform economy has often been invoked, it has rarely been empirically researched. We aim to fill this gap by putting the ‘disruption’ thesis to the test. We investigated whether platform companies disrupt local regulations. The findings show that sectoral platform companies are less disruptive to local regulations than widely believed. Platforms face a variety of regulatory responses, including the enforcement of regulations and the banning of platforms that fail to respect local rules. We operationalise disruption as the implementation of new regulation, exploring where and whether regulatory disruption takes place. This article combines a comparative analysis of 99 city regulations in the transport (ride-hailing) and housing (apartment-sharing) sectors in which platform companies are active, with examples from qualitative case studies.
The Blind Men and the Elephant: An Empirical Analysis of the Social Sciences in International Law
(2024)
What is the role of the social sciences in international law? This article maps how international law interacts with the social sciences, including its concepts, findings, methods, and epistemologies. It provides a first encompassing genealogy of social science references in six renowned international law journals, including the American, Asian, European, Leiden, and Nordic Journal of International Law as well as the British International and Comparative Law Quarterly, by using a corpus linguistic approach that encompasses more than 15,000 documents from 1907 to 2022. Moreover, it explores how structural factors related to the institutionalization and funding of certain strands of social science-inspired international law scholarship have influenced regional and temporal patterns in Europe, Germany, and Australia.
Building on feminist and postcolonial theoretical approaches across International Relations (IR) and security studies, this Special Issue advances an emerging research agenda within EU studies by shedding light on the gendered and racialised logics of EU security and their links to colonial histories and practices. Together, the contributions to this Special Issue demonstrate how EU security is intrinsically connected to and constituted by histories of colonialism, racism and patriarchy. At the same time, they also highlight how the colonial, racialised and gendered dynamics that underpin EU security and that are mobilised by the EU, its institutions and member states are always complex and shifting. Importantly, they do so by decentring our analysis of EU security moving our focus often away from the EU and towards different, somewhat unexpected sites and geographical locations of EU security. The current war in Ukraine underwrites the need for more historical, contextual and decentred work on EU security, while also highlighting the necessity to reflect on dominant practices of knowledge production and the experiences of people living in and with war through a feminist and postcolonial lens
4.2 Interdisciplinarity
(2024)
As a field of practice, international human rights law (IHRL) is in constant motion. The four books under review explore the legal, political, and civic dynamics that continuously shape and reshape this vibrant area of law. In this Essay, I underscore two important trends in contemporary IHRL scholarship that these books highlight. First, these works share a strong emphasis on agency, understood as human action that makes a difference in the world, be it the agency of individuals, domestic civil society organizations, transnational organizations, or courts. Highlighting agency, rather than overarching political, economic, and social structures, in turn shifts the attention from human rights law and doctrine “in the books” to an understanding of human rights law as a purposive and dynamic practice.
In his monograph The Redress of Law, Emilios Christodoulidis provides a sophisticated genealogical study of the emergence of total market thinking in Europe. With market constitutionalism having sidelined political constitutionalism, the potential of law to organise the political community is significantly restricted. By examining the commodification of labour, processes of bargaining, unemployment, and strikes, Christodoulidis demonstrates the destructive consequences of law in the service of market rationalities as well as its potential for strategic action to build collective identity in the EU (European Union).
Yet, I argue that this book comes with two significant blind spots, namely a dated understanding of both law and labour. First of all, Christodoulidis’s systems theoretical understanding of law is neglecting the material conditions that law continuously re-produces in the course of globalization. Secondly, his vision of labour remains rather traditional, focused on unionised, white, and male workers. Both elements are central pillars of his analysis but do not reflect the current reality of the 21st century. In this Article, I challenge his conceptualization by situating his work in recent research on the role of law and labour regulation in global capitalism.
The German Federal Constitutional Court (BVerfG) has for decades used informality to establish, build, and protect its authority. Yet, as the political landscape has shifted in recent years, in particular since the end of the Merkel-era Grand Coalition and the rise of the right-wing populist AfD, several longstanding informal practices and institutions have become politicized. Those concern extra-judicial activities of judges, regular informal meetings between the Court and the government, and privileged early access to the Court’s press releases for certain journalists. This Article first introduces various forms of informality that the BVerfG employs in its internal self-administration and the judicial-legal culture in general, before tracing how, why, and by whom the three aforementioned practices of informality are challenged. Ultimately, this Article analyzes how the Court and its judges respond to the politicization of informality, and in particular how it triggered processes of formalization of judicial behavior and changes in institutional communication.
This Article addresses the pressing issues surrounding the use of automated systems in public decision-making, specifically focusing on migration, asylum, and mobility. Drawing on empirical data, this Article examines the potential and limitations of the General Data Protection Regulation and the Artificial Intelligence Act in effectively addressing the challenges posed by automated decision-making (ADM). The Article argues that the current legal definitions and categorizations of ADM fail to capture the complexity and diversity of real-life applications where automated systems assist human decision-makers rather than replace them entirely. To bridge the gap between ADM in law and practice, this Article proposes to move beyond the concept of “automated decisions” and complement the legal protection in the GDPR and AI Act with a taxonomy that can inform a fundamental rights analysis. This taxonomy enhances our understanding of ADM and allows to identify the fundamental rights at stake and the sector-specific legislation applicable to ADM. The Article calls for empirical observations and input from experts in other areas of public law to enrich and refine the proposed taxonomy, thus ensuring clearer conceptual frameworks to safeguard individuals in our increasingly algorithmic society.
On 4 July 2023, the Third Section of the European Court of Human Rights (ECtHR) delivered the first judgment on the compatibility of facial recognition technology with human rights in Glukhin v. Russia. The case concerned the use of facial recognition technology (FRT) against Mr Glukhin following his solo demonstration in the Moscow underground. The Court unanimously found a violation of Article 8 (right to respect for private life) and Article 10 (freedom of expression) of the European Convention of Human Rights (ECHR). Regarding FRT, the Court concluded that the use of highly intrusive technology is incompatible with the ideals and values of a democratic society governed by the rule of law. This case note analyses the judgment and shows its relevance in the current regulatory debate on Artificial Intelligence (AI) systems in Europe. Notwithstanding the importance of this decision, we argue that the Court has left crucial questions unanswered.
This paper is concerned with the question of whether constitutional systems that have adopted the centralised, “Kelsenian”, model of judicial review, which is prevalent in Eastern Europe, can engage in “responsive judicial review” (Dixon, 2023). It focuses on two features that can be associated with the constitutional courts created in this region after the end of communism, which, the paper argues, can significantly hamper their capacity to identify and counter democratic blockages. These are: (1) their limited standing rules that prioritise the access of political bodies to constitutional courts, and (2) the latter’s commitment to formalism, which can prevent judges from engaging with the structural and contextual issues that are causing a democratic blockage.
The climate crisis will continue to affect human and natural systems across Latin America and the Caribbean (LAC). Undoubtedly, this jeopardizes entire communities’ enjoyment of human rights. In that context, the Inter-American Human Rights System (IAHRS) is expected to respond, particularly since its organs have jurisdiction to order remedies over most LAC countries, provided they determine a rights violation. Despite the growing number of domestic human rights-based climate cases in the region, the organs of the IAHRS have yet to adjudicate and order remedies in a case concerning the climate crisis. Against this backdrop, this article inquires how to understand climate remedies from a political ecology perspective to capture the LAC climate litigation experience. Additionally, the article asks what the challenges of implementing such remedies may be. To answer these questions, first, it compares the remedial approaches of domestic courts in six finally decided climate-related cases with those of the Inter-American Court of Human Rights (IACtHR) in ‘anti-extractivist’ cases. Second, it applies a political ecology lens to understand the elements that might hinder the implementation of the identified remedies. The article argues that the socioeconomic cost for States largely determines remedial compliance in domestic climate litigation and the IACtHR’s anti-extractivist litigation. Ultimately, the aim is to anticipate the future of climate remedies and their effectiveness at the IACtHR based on present climate litigation in LAC.
Memory laws – Protecting the good name of the nation – de facto memory laws – Prohibiting statements about the past – Article 301 of the Turkish Criminal Code – Protecting the good name of Poland and the Polish nation – Protecting the good name of the nation as de facto memory laws – Role of organisations in implementing the laws – Rule of law – Independence of the judiciary – European Court of Human Rights – Chilling effect – European memory politics
Resettlement
(2023)