[New publication] Comparing regional human rights courts: From Strasbourg to San José and beyond

In a new book from T.M.C. Asser Press/Springer, editors Ahmed Almutawa (Durham University, UK) and Konstantinos D. Magliveras (University of the Aegean, Greece) gather a remarkable group of scholars to explore how regional human rights courts actually operate—and what their differences tell us about the idea of justice across regions.  

The contributed volume titled A Comparison of the European, Inter-American, African, and Arab Human Rights Courts: Institutional Aspects, traces the European Court in Strasbourg, the Inter-American Court (IAC) in San José, and the African Court in Arusha, comparing how they were built, staffed, and managed. It is the first serious cross-regional study of their institutional workings. The Arab Court of Human Rights, still awaiting full operation, is examined as a sign of emerging regional engagement in the Middle East.  

Judicial architecture 
Over 11 chapters, contributors discuss how these courts establish jurisdiction, select judges, and decide cases. Almutawa sets up the roots of Europe’s system in the opening chapter and the different routes Africa and the Americas followed. Grossi and Wouters, in a chapter on judges, the bench, and rules of court, demonstrate how judicial appointments impact legitimacy, comparing Europe’s parliamentary appointments with Africa’s state nominee system, while selective cases such as Soering v. United Kingdom and Tanganyika Law Society v. Tanzania are used to illustrate the role of bench composition on validity.  

In another chapter on the jurisdiction of courts, Naldi explores the differing senses in which reach and access operated, from ‘friendly settlement’ before the IAC to when and how individual petitions would be admitted by African Court state parties. Moreover, Fontanelli and Dzehtsiarou mention the examples of Velásquez Rodríguez v. Honduras and Ogiek v. Kenya to show that judicial construction is more important than treaty drafting while examining admissibility. 

Procedural power 
In another part, Walyemera describes how the cases are conducted in practice and shows how the courts exercise control over parties and proceedings—including even whether to permit them to proceed. Examples like Loizidou v. Türkiye are employed to demonstrate how the strict regulation of procedures expands judicial authority. This is not just the work of administration; structure amplifies authority.  

Polymenopoulou then discusses provisional measures, emphasising instances where judges swiftly intervene to prevent irreversible harm. With the help of several case studies, she illustrates how speed enhances a court’s reputation with lives hanging in the balance; every second matters.  

In a chapter on guideline principles, Abrusci examines how inquiries by governments and organisations gradually impact international human rights standards, such as the Inter-American Court’s advisory rulings on same-sex partnerships and transgender rights. These activities, he observes, expand the scope of international law beyond what official decisions can achieve.  

Enforcement dynamics 
In their analysis of verdicts and reparations, Magliveras and Almutawa compared the European Court's Article 41 ‘just satisfaction’ findings to the Inter-American Court’s broader approach, which included memorials and non-repetition assurances. Killander and Kibirango then address enforcement, contrasting Europe’s Committee of Ministers’ oversight with Africa’s and the Americas’ more flexible, politically inflected systems. This includes Kenya’s response to the Ogiek v. Kenya judgment and continuing enforcement opposition beyond its borders.  

Magliveras ends this book with the question of whether decades of regional adjudication point towards a coordinated (or even global) human rights system. The message ringing throughout is clear: various places, same yearning for dignity and accountability.  

This book is notable for its in-depth comparative study that uses legal analysis to bridge continents. It is essential reading for scholars, practitioners, and students of international and comparative law who are looking to learn how regional courts influence global human rights principles. 

About the editors 
• Ahmed Almutawa is an honorary fellow at Durham Law School, Durham University, United Kingdom. 
 
• Konstantinos D. Magliveras is professor of the law of international organisations and of public international law, department of Mediterranean Studies, University of the Aegean, Greece. 

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