Mind the Gap: State Capacity and the Implementation of Human Rights Treaties

Abstract

AbstractAccording to recent studies, international human rights treaties are ineffective, counterproductive, or else beneficial for only those countries that tend to respect human rights regardless of treaty membership. Analysts often attribute gaps between human rights principles and practices to willful disobedience, self-interested defection, and ineffective enforcement. Using two-stage regression models to analyze compliance with the International Covenant on Civil and Political Rights, I examine whether countries' inability (as opposed to unwillingness) to implement treaty terms is also responsible for the gap between commitment and compliance. I find that one dimension of state capacity in particular—bureaucratic efficacy—enhances levels of compliance with civil, political, and physical integrity rights provisions. These findings lend credence to an important aspect of the managerial approach—that noncompliance is often inadvertent and conditioned by a state's ability to implement treaty terms.