This article examines whether the content of the International Human Rights Covenants and the costs associated with their ratification influence the decision of countries to join. The author evaluates three theoretical perspectives-rationalism, world polity institutionalism, and the clash of civilizations-with data for more than 130 countries between 1966 and 1999. Rationalists contend that treaty ratification is tightly coupled with internal sovereignty arrangements, human rights practices, and ideological commitments, all of which become more important as treaty enforcement strengthens. World polity institutionalists expect ratification to be loosely coupled with a country's conduct or its political, ideological, or cultural commitments, although this gap narrows as compliance is more effectively enforced. A civilizations approach predicts tight coupling between ratification and cultural values, regardless of the mechanisms in place for enforcing compliance. Results lend partial support to rationalism and world polity theory, whereas the clash of civilizations thesis is much less successful in accounting for patterns of ratification. Furthermore, the costs of ratifying a treaty, considered in terms of its surveillance and enforcement provisions, influence rates of accession more than the specific rights a treaty protects.
Much research has shown human rights treaties to be ineffective or even counterproductive, often contributing to greater levels of abuse among countries that ratify them. This article reevaluates the effect of four core human rights treaties on a variety of human rights outcomes. Unlike previous studies, it disaggregates treaty membership to examine the effect of relatively "stronger" and "weaker" commitments. Two-stage regression analyses that control for the endogeneity of treaty membership show that stronger commitments in the form of optional provisions that allow states and individuals to complain about human rights abuses are often associated with improved practices. The article discusses the scholarly and practical implications of these findings.
Using two-stage least-squares regression models, I analyze the effect of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on rated levels of respect for women's rights. The results show that CEDAW has a strong positive effect on women's political rights, no effect on economic rights, and a partially negative effect on social rights. Detailed analyses of political outcomes reveal that CEDAW membership was associated with an increase in the share of women in national parliaments but had no effect on the likelihood that governments adopted legislative quotas guaranteeing female representation in parliament. CEDAW was also more effective for some kinds of countries than others. Post-ratification improvements were particularly strong in democratic countries and countries with extensive linkages to women-focused international organizations, but CEDAW proved ineffective in Muslim polities and societies. The paper evaluates the implications of these findings and proposes new avenues for research.
What factors determine whether and how deeply countries will commit to the international human rights regime? Using data for up to 142 countries between 1966 and 2000, this article analyzes patterns of membership to the International Human Rights Covenants. The analysis produced two main conclusions. First, the potential costs associated with joining a treaty, rather than its substantive content, motivates the decision to join. Treaties that protect different rights but establish comparable implementation mechanisms exhibit similar patterns of membership, whereas treaties that protect identical rights but establish different implementation provisions exhibit dissimilar patterns of membership. Second, rates of treaty membership differ by level of commitment. Countries that sign human rights treaties differ from countries that ratify. Results are interpreted with respect to four theories of commitment and compliance: realism, liberalism, constructivism, and sociological institutionalism. Theories that emphasize the importance of a treaty’s costs (realism and institutionalism) fare better than theories that prioritize a treaty’s content (liberalism and constructivism).
Much research has concluded that human rights treaties have a null or negative effect on governments' human rights practices. This article reexamines the influence of human rights treaties, with a focus on two kinds of treaty effects: direct-the effect of treaties on the countries that ratified them; and diffuse-the effect of treaties on countries regardless of ratification. My analysis of two prominent human rights treaties finds that they often reduce levels of repression and abuse over time and independently of ratification. Some of these effects are nonlinear, reversing direction as time elapses or as more countries become party to the treaties. These findings are interpreted with reference to world polity institutionalism in sociology, and especially the ''Durkheimian'' strains of this approach. Human rights norms as embodied in treaties operate as a kind of civil religion for world society. These norms not only have long-term direct effects among countries that ritualistically ratify human rights treaties, but they also diffusely impact countries irrespective of formal endorsement.
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