Disclaimer. Don't rely on these old notes in lieu of reading the literature, but they can jog your memory. As a grad student long ago, my peers and I collaborated to write and exchange summaries of political science research. I posted them to a wiki-style website. "Wikisum" is now dead but archived here. I cannot vouch for these notes' accuracy, nor can I even say who wrote them. If you have more recent summaries to add to this collection, send them my way I guess. Sorry for the ads; they cover the costs of keeping this online.
Moravcsik. 2000. The origins of human rights regimes. International Organization 54 (spring): 217-252.
Y: Establishment of the European Court of Human Rights (and other human rights regimes)
X: Domestic political concerns of newly established democracies.
MAIN IDEA: International human rights regimes constrain state sovereignty. According to realist theory, states should only accept such constraints if a more powerful actor coerces them (which isn't the case). According to ideational (constructivist) theories, states should only accept such constraints if those in government adopt new norms (which wasn't the case with ECHR--established democracies actually sided with dicators against the ECHR).
THREE GENERAL IMPLICATIONS of the argument about the emergence of ECHR:
PLACE IN THE LITERATURE:
Page 222 has a nice summary of the literature in a clear table. Implication (3) makes this article's place in the literature clear.
Explaining that new democracies support human rights regimes doesn't explain why established democracies eventually join them. Why do they shift from initial suspicion (even hostility) to accession? Moravcsik concedes on 246 that the variables explaining the origin of ECHR can't explain its evolution, though there is no reason to believe his assertion that "the determinants of the evolution of human rights regimes are unlikely to be identical to the determinants of their founding." Why not? Are there not variables that explain both the origin and the evolution of human rights regimes?
Research on similar subjects
Moravcsik, Andrew (author) • Political Science • International Relations • Institutions • International Institutions • Domestic Politics and International Relations • Realism • Constructivism • Norms • Human Rights