Avoiding Obligation

Daniel W. Hill

Journal of Conflict Resolution, 2016, vol. 60, issue 6, 1129-1158

Abstract: This article examines the decisions of governments to enter reservations upon ratification of international human rights treaties. I argue that, in the context of the human rights regime, reservations are simply attempts to avoid international legal obligations where they would be consequential. I develop an explanation for their use that focuses on the following two factors: the legal constraints that already exist in domestic law and the likelihood that international agreements will be enforced by domestic courts. Using an original measure of domestic legal protection of civil, political, and personal integrity rights, I find evidence that governments are more likely to enter reservations when domestic legal standards are lax compared to those in the treaty and when judiciaries are likely to enforce treaty-based obligations. This suggests that full adoption of international human rights treaties is more likely when treaties will not create genuine domestic legal constraints and that explanations for treaty adoption and implementation must take reservations into account. It also suggests that adoption of international human rights law is best explained by the specific legal institutions that relate to domestic enforcement rather than broad distinctions between democratic/autocratic political institutions.

Keywords: human rights law; treaties; reservations (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:sae:jocore:v:60:y:2016:i:6:p:1129-1158

DOI: 10.1177/0022002714567947

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