Justice Lost! The Failure of International Human Rights Law To Matter Where Needed Most

Author:

Hafner-Burton Emilie M.1,Tsutsui Kiyoteru2

Affiliation:

1. Woodrow Wilson School of Public and International Affairs and Department of Politics, Princeton University,

2. University of Michigan, Ann Arbor,

Abstract

International human rights treaties have been ratified by many nation-states, including those ruled by repressive governments, raising hopes for better practices in many corners of the world. Evidence increasingly suggests, however, that human rights laws are most effective in stable or consolidating democracies or in states with strong civil society activism. If so, treaties may be failing to make a difference in those states most in need of reform — the world's worst abusers — even though they have been the targets of the human rights regime from the very beginning. The authors address this question of compliance by focusing on the behavior of repressive states in particular. Through a series of cross-national analyses on the impact of two key human rights treaties, the article demonstrates that (1) governments, including repressive ones, frequently make legal commitments to human rights treaties, subscribing to recognized norms of protection and creating opportunities for socialization and capacity-building necessary for lasting reforms; (2) these commitments mostly have no effects on the world's most terrible repressors even long into the future; (3) recent findings that treaty effectiveness is conditional on democracy and civil society do not explain the behavior of the world's most abusive governments; and (4) realistic institutional reforms will probably not help to solve this problem.

Publisher

SAGE Publications

Subject

Political Science and International Relations,Safety Research,Sociology and Political Science

Cited by 308 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

1. Appendix;Positioning Women in Conflict Studies;2024-09-13

2. Women’s Inclusion and Political Violence;Positioning Women in Conflict Studies;2024-09-13

3. Solving the Concept Stretching Problem;Positioning Women in Conflict Studies;2024-09-13

4. Notes;Positioning Women in Conflict Studies;2024-09-13

5. Conclusion;Positioning Women in Conflict Studies;2024-09-13

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3