International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-a-vis their own governments. This paper discusses the development of aspects of international law relating to civil rights, and argues that if this body of law is meaningful we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders - local citizens - have the motive and the means to demand treaty compliance. This is most likely to be the case not in stable autocracies, where such demands are likely to be crushed, nor in stable democracies, where the motive to mobilize is attenuated due to rights saturation, but in transitional countries where the expected value of mobilization is maximized. Thus, I test the hypothesis that the International Covenant on Civil and Political Rights is likely to have its greatest positive effects in transitional countries - those that have had some fleeting experience with democratic governance. This proposition is tested quantitatively with indicators for freedom of religious practice and fair trials. The proposition is weakly supported by extremely stringent statistical models that control for the endogeneity of the treaty commitments, country and year fixed effects, and other obvious influences on civil rights practices. I conclude that the International Bill of Rights has the power to influence the direction of rights practices in fluid political situations, but cannot magically transform autocracies into liberal guarantors of civil liberties. Still, these effects are important, and the most we can expect from scraps of paper which the international community has been reluctant to enforce.
Download Paper Proponents and opponents of ratification of the ICESCR‟s Optional Protocol have both exaggerated the consequences of giving individuals a “private right of standing” before the Committee on Economic Social and Cultural Rights. But this article argues that, on balance, ratification should be encouraged. Individuals will bring new and urgent issues to the international agenda, and the dialog will help to encourage a better sense of states‟ international legal obligations under the treaty. The consequences for ESC rights are likely to be modestly positive, if outcomes under the OP of the ICCPR are any guide. Even states that already respect ESC rights in their domestic law should ratify, because there is a tendency, judging by the ratification behaviour relating to similar agreements, for states to emulate ratification practices of other states in their region. Ratification will neither end deprivation nor damage the credibility of the international legal system. It will be a modest step forward in consensus-formation of the meaning of ESC rights, which in turn is a positive step toward their ultimate provision.
Download PaperProponents and opponents of ratification of the ICESCR‟s Optional Protocol have both exaggerated the consequences of giving individuals a “private right of standing” before the Committee on Economic Social and Cultural Rights. But this article argues that, on balance, ratification should be encouraged. Individuals will bring new and urgent issues to the international agenda, and the dialog will help to encourage a better sense of states‟ international legal obligations under the treaty. The consequences for ESC rights are likely to be modestly positive, if outcomes under the OP of the ICCPR are any guide. Even states that already respect ESC rights in their domestic law should ratify, because there is a tendency, judging by the ratification behaviour relating to similar agreements, for states to emulate ratification practices of other states in their region. Ratification will neither end deprivation nor damage the credibility of the international legal system. It will be a modest step forward in consensus-formation of the meaning of ESC rights, which in turn is a positive step toward their ultimate provision.
Download PaperThis volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
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