Radhika ganesh prabhu february 24 2009 international organizations professor james vreeland
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“Justice Lost! The Failure of International Human Rights Law to Matter Where Needed Most” ( Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007 ). Radhika Ganesh Prabhu February 24, 2009 International Organizations Professor James Vreeland. A Lesson in Commitment?.

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Radhika ganesh prabhu february 24 2009 international organizations professor james vreeland

“Justice Lost! The Failure of International Human Rights Law to Matter Where Needed Most”(Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007 )

Radhika Ganesh Prabhu

February 24, 2009

International Organizations

Professor James Vreeland


A lesson in commitment
A Lesson in Commitment? Law to Matter Where Needed Most”

Source: http://www.cartoonstock.com/newscartoons/cartoonists/mba/lowres/mban935l.jpg


Is seeing believing
Is seeing believing? Law to Matter Where Needed Most”


REPRESSOR STATES: Law to Matter Where Needed Most”

WHAT YOU SEE IS NOT ALWAYS WHAT YOU GET!

Source: http://www.miketodd.ca/web/archives/000816.html


Key findings of authors
Key Findings of Authors Law to Matter Where Needed Most”

Governments, including repressive ones, frequently make legal commitments to human rights treaties

Commitments mostly have no effects on the world’s most terrible repressors even long into the future

Change does not happen on the margins

Realistic institutional reforms will probably not help solve this problem.

(Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007 )


Policy implications why should we care
Policy Implications: Law to Matter Where Needed Most”Why should we care?

  • Is the bare minimum the litmus test we are going for?

  • Are we teaching governments they can get their cake and eat it too?

  • Why are so many Northern governments, concerned with ratification?

Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007


Treaties they consider
Treaties they consider: Law to Matter Where Needed Most”

International Covenant on Civil and Political Rights (CCPR)

International Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)


Two models of the paper
Two Models of the Paper Law to Matter Where Needed Most”

MODEL 1:

  • Do repressors sign on as frequently as those that are “reasonably protective”?

    MODEL 2:

  • After a year, do the treaties make a difference for those that ratified them?

    (Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007)


Findings
Findings Law to Matter Where Needed Most”

Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007)

“Repressors” commit to treaties as do “protectors”

Repressors certainly aren’t afraid to ratify.

Commitment, but no follow through.

“Democratic” repressors - is that an oxymoron? YES!

What will happen in a decade and a half? If you are a repressor state, pretty much nothing.

What happens when you make a deeper commitment to human rights treaty law, (ratifying the CCPR Optional Protocol)?


Strengths
Strengths Law to Matter Where Needed Most”

  • Provides a comprehensive overview of literature that supports the pros and the cons of the HR regime.

  • Addresses real world applicability

  • Provides robust statistical evidence


Weaknesses
Weaknesses Law to Matter Where Needed Most”

  • CAT and CCPR are not the only treaties…

  • “Don’t get married” advice

  • Reform is not the only end goal of the treaties

  • No counterfactual

    • Indirect effects (Bashir and the ICC)

  • Do not define protectors as strictly as do repressors


Realism vs constructivism
Realism vs. Constructivism Law to Matter Where Needed Most”

  • “Constructivism fails”

    • Treaties do not reform the countries

    • Socialization is how people claim reform takes place only there is no evidence to show socialization works!

    • Repression pays so leaders continue doing it!

  • Why does the North push for the “legal regime”?

    • Norms or Power?

      • This is an open ended question that the authors do not answer (perhaps to entice us to read their next article!) 

Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007)


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