The Threats to Compliance with International Human Rights Law

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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 ... continued below

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Aloisi, Rosa December 2011.

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This dissertation is part of the collection entitled: UNT Theses and Dissertations and was provided by UNT Libraries to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 199 times . More information about this dissertation can be viewed below.

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  • Aloisi, Rosa

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Description

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.

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UNT Theses and Dissertations

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  • December 2011

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  • Oct. 2, 2012, 4:18 p.m.

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Aloisi, Rosa. The Threats to Compliance with International Human Rights Law, dissertation, December 2011; Denton, Texas. (digital.library.unt.edu/ark:/67531/metadc103282/: accessed February 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; .