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The Threats to Compliance with International Human Rights Law

In this project I investigate the factors shaping compliance with international human rights agreements and I provide a definition of compliance, which goes beyond “ratification.” I argue that compliance is a multistage process, built upon three different steps: ratification/accession, implementation, and what I call “compliant behavior.” As an alternative to the dominant structural and normative explanation of compliance, I suggest that the factors affecting compliance are not only endogenous to state characteristics, such as the democratic/non-democratic nature of governments, but also exogenous, such as the perceived level of threat to national security. I offer a twofold theory that looks at leaders’ behavior under conditions of stability and instability and I suggest that under certain circumstances that threaten and pressure government leaders, state compliance with international human rights law becomes more costly. I suggest that regardless of regime type, threats shape leaders’ behavior toward international law; states are faced with the choice to abide by international obligations, protecting specific human rights, and the choice to protect their national interests. I argue that when the costs associated with compliance increase, because leaders face threats to their power and government stability, threats become the predictor of non-compliant behavior regardless of the democratic or non-democratic nature of the regime.

Identiferoai:union.ndltd.org:unt.edu/info:ark/67531/metadc103282
Date12 1900
CreatorsAloisi, Rosa
ContributorsMeernik, James D., Mason, T. David, Booth, John A., King, Kimi Lynn
PublisherUniversity of North Texas
Source SetsUniversity of North Texas
LanguageEnglish
Detected LanguageEnglish
TypeThesis or Dissertation
FormatText
RightsPublic, Aloisi, Rosa, Copyright, Copyright is held by the author, unless otherwise noted. All rights Reserved.

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