Committed to Rights: Volume 1
UN Human Rights Treaties and Legal Paths for Commitment and Compliance
Seiten
2021
Cambridge University Press (Verlag)
978-1-108-83007-2 (ISBN)
Cambridge University Press (Verlag)
978-1-108-83007-2 (ISBN)
This book is for advanced undergraduates, graduate and law students, faculty and researchers interested in the legal and political dynamics of UN human rights treaties. Through a rigorous mixed methods approach, it demonstrates that legal distinctions among treaty commitment types help explain when states are improving human rights practices.
International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis this important book shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the consideration of non-binding commitment, and an optimistic outlook for the impact of human rights treaties.
International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis this important book shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the consideration of non-binding commitment, and an optimistic outlook for the impact of human rights treaties.
Audrey L. Comstock is an Assistant Professor of Political Science in the School of Social and Behavioral Sciences at Arizona State University. Her research focuses on international law, human rights, and international organizations, including the punishment of peacekeepers accused of sexual exploitation and abuse of civilians.
1. Introduction; 2. On ratification: rethinking a ratification-centered approach to international law; 3. Legal paths for human rights treaty commitment and compliance; 4. Signature: a first step in a two-step commitment process; 5. Accession: late commitment and treaty negotiations; 6. Succession: new states, old laws, and legitimacy; 7. Conclusion.
| Erscheinungsdatum | 20.01.2021 |
|---|---|
| Zusatzinfo | Worked examples or Exercises |
| Verlagsort | Cambridge |
| Sprache | englisch |
| Maße | 157 x 235 mm |
| Gewicht | 506 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| Sozialwissenschaften ► Politik / Verwaltung | |
| ISBN-10 | 1-108-83007-2 / 1108830072 |
| ISBN-13 | 978-1-108-83007-2 / 9781108830072 |
| Zustand | Neuware |
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