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5 - Accession

Late Commitment and Treaty Negotiations

Published online by Cambridge University Press:  14 January 2021

Audrey L. Comstock
Affiliation:
Arizona State University
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Summary

In this chapter, I begin by discussing the legal definitional differences between treaty accession and ratification. Accession differs from ratification in that states commit via accession after the treaty has already been negotiated and signed by other states. Acceding states, in general, are states that come to the treaty later and were not involved in the lengthy negotiations to craft the laws. I argue that this difference in involvement is an important distinction that has been overlooked. I argue that participating in treaty negotiation socializes states towards optimal human rights standards. Building on my argument of the importance of involvement and lack of involvement in negotiations, I focus on this history of treaty negotiations of the ICCPR treaty. I highlight how states involved in negotiations shaped the breadth and strength of the law and those not involved lacked that important contribution to the law. Then, I quantitatively test accession versus ratification for effects on human rights behavior after committing to the ICCPR and CEDAW treaties. I find that states that acceded had worse rights practices than ratifying states.

Type
Chapter
Information
Committed to Rights
UN Human Rights Treaties and Legal Paths for Commitment and Compliance
, pp. 108 - 147
Publisher: Cambridge University Press
Print publication year: 2021

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  • Accession
  • Audrey L. Comstock, Arizona State University
  • Book: Committed to Rights
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108908979.005
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  • Accession
  • Audrey L. Comstock, Arizona State University
  • Book: Committed to Rights
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108908979.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Accession
  • Audrey L. Comstock, Arizona State University
  • Book: Committed to Rights
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108908979.005
Available formats
×