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Open Access. Powered by Scholars. Published by Universities.®

2014

Human Rights Law

Human rights

Duke Law

Articles 1 - 2 of 2

Full-Text Articles in Law

International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten Jan 2014

International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten

Faculty Scholarship

Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? The authors develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. The authors examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual and transgender (LGBT) issues by creating a new dataset that matches these rulings with laws in all Council of Europe (CoE) member states. The …


The Successes And Challenges For The European Court, Seen From The Outside, Laurence R. Helfer Jan 2014

The Successes And Challenges For The European Court, Seen From The Outside, Laurence R. Helfer

Faculty Scholarship

No abstract provided.