What happens after an international court finds a state has violated international law? Many realize today that states often fail to comply with such judgments. International courts like the European Court of Human Rights (“ECHR”) have to rely on the help of Non-Governmental Organizations (“NGOs”) to shame states into compliance. In 2011, the body charged with enforcing judgments of the ECHR launched a new website dedicated to publishing reports by NGOs that criticize states for noncompliance with ECHR judgments. This website published hundreds of reports, as well as the responses of some accused states. The Article analyzes all the reports published in the first four years since the website was created. This analysis, together with interviews with many of the NGO lawyers involved, sheds light on the way reputational sanctions work in international law. It reveals that NGOs focus most of their attention on legally important cases and on cases that address severe violations. It also shows that NGOs focus on states that usually comply with their international obligations instead of on states that regularly fail to comply with international law.
Shai Dothan, A Virtual Wall of Shame: The New Way of Imposing Reputational Sanctions on Defiant States, 27 Duke Journal of Comparative & International Law 141-189 (2017)
Available at: http://scholarship.law.duke.edu/djcil/vol27/iss2/1