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6 - Succession

New States, Old Laws, and Legitimacy

Published online by Cambridge University Press:  14 January 2021

Audrey L. Comstock
Affiliation:
Arizona State University
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Summary

States commit via succession when new states have emerged and the prior state had already ratified to the treaty. Though often categorized into the same commitment as ratification, succession is a deliberate recommitment to human rights standards. Succession is a unique and rare form of treaty commitment only available to new states that have separated from other states. Succession states experience unique regime change often characterized by democratization. I argue that new states use succession as a means to seek legitimacy from the United Nations and other states. The increased attention paid to succession states also means accountability for compliance. As a result, states committing via succession have the motivation and accountability contributing to compliance. I examine the historic case of the Czech Republic and Slovakia and track human rights patterns following succession in the succession states versus ratification states. I find higher rates of human rights changes following succession, which aligns with these states experiencing regime transition and democratization. The finding supports my call to separate out commitment types from ratification.

Type
Chapter
Information
Committed to Rights
UN Human Rights Treaties and Legal Paths for Commitment and Compliance
, pp. 148 - 187
Publisher: Cambridge University Press
Print publication year: 2021

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  • Succession
  • Audrey L. Comstock, Arizona State University
  • Book: Committed to Rights
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108908979.006
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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 Dropbox.

  • Succession
  • Audrey L. Comstock, Arizona State University
  • Book: Committed to Rights
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108908979.006
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.

  • Succession
  • Audrey L. Comstock, Arizona State University
  • Book: Committed to Rights
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108908979.006
Available formats
×