Part front matter for Part III A Stewardship Strategy

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While the international human rights legal system has achieved much, it also leaves substantial room for improvement. Some of the very attributes that make this system so attractive in theory—that it aims for universal coverage and aspires to protect a growing list of rights—also limit the system’s practical influence on the calculus of abuse. Parts I and II of this book explained why the system is likely to work best to improve respect for human rights mainly in special circumstances. People with incentives to break the law are inclined to obey legal norms most when they fear the consequences (coercion), or learn that law represents a legitimate authority along with a widely held social expectation they trust and value (persuasion). On both fronts, the practical effect of the international legal system is probably small in the countries that account for most abuses. The consequences for abusing human rights are few and uneven; penalties are severe only in unusual circumstances, and good behavior is not well rewarded. Compliance is low, and the institutions that manage the legal process are deeply politicized—which helps explain why international law is seen as illegitimate or simply irrelevant in some contexts. Better legal institutions could help, but as chapter 7 shows, real world experience has proven that those reforms are extremely difficult to organize and implement. Reform, even in the best of circumstances, will yield a legal system that corresponds to actual protections for human rights in special contexts. The existence of the international human rights legal system is an extraordinary achievement, but making the most of law requires knowing not just when it works but also the many instances where the law alone can’t change the calculus of abuse.

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