UNCAT Ratification Tool
In this work, Hathaway again looks at the reasons why States join human rights treaties. The
author recognises that, unlike other inter‐State agreements, human rights treaties do not offer
immediate reciprocal benefits. Ratification of human rights treaties also invites unwelcome
international scrutiny. She hypothesises as a result that the cost of ratification is high for States
with strong enforcement mechanisms. Hathaway tests her hypothesis and finds evidence to
support it. She recommends that States consider ways in which the costs of human rights treaties
may be offset, thus encouraging further States to ratify.
Oona A. Hathaway, 2002. Do Human Rights Treaties Make a Difference? Yale Law Journal
111:1935‐2042. Available at
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1852&context=fss_papers
In this widely cited and detailed article, Hathaway challenges the assumption that international
law matters, and more precisely, that human rights treaties succeed in changing behaviour. The
author undertakes a large scale quantitative analysis of the relationship between human rights
treaties and countries' human rights practices, in areas including torture and fair trials. The
author recognises deficiencies in her statistical model and compensates by drawing statistics
from multiple sources. Hathaway considers that human rights in countries that ratify human
rights treaties are generally better observed than in countries that have not ratified the same
instruments. However, the author also recognises that noncompliance with treaties is common,
and that in many cases, ratification also coincides with a worsening human rights situation. The
article offers a number of reasons for��these counter‐intuitive results. The author does not dismiss
the possibility that treaty ratification could have long‐term positive impact.
Beth A Simmons and Richard Nielsen, ‘Rewards for Ratification: Payoffs for Participating in the
International Human Rights Regime?, October 2012, International Studies Quarterly.
Forthcoming. Available at
http://scholar.harvard.edu/files/bsimmons/files/nielsen_and_simmons_isq_1.pdf
The authors critique traditionally cited reasons for treaty ratification, such as better relationships
with international partners, increased investment, and legitimacy, as lacking empirical proof.
Simmons and Nielsen find little evidence that States can expect such benefits on ratification.
Instead, the benefits of treaty ratification may be better explained in terms of domestic politics.
The ratification of human rights treaties may enable States to sustain momentum towards
important law reforms or entrench important rights in national practice.
Also see region specific reports on the Pacific:
Natalie Baird, ‘To Ratify of not to Ratify? An Assessment of the Case for Ratification of
International Human Rights Treaties in the Pacific’, November 2011, Melbourne J. of Int'l Law,
vol. 12(2), at 2‐41, available at http://www.law.unimelb.edu.au/files/dmfile/download442c1.pdf
The author examines whether ratification of human rights treaties will have a positive impact in
Pacific island States. The paper reviews the consequences of ratification and examines the
benefits and challenges of ratification. Baird observes that a benefit of treaty ratification is better
respect for human rights, but warns that States should be cognisant of the challenges and costs
of effective implementation. She offers four alternative strategies for the region, ranging from
wholesale treaty ratification, through to a moratorium on the ratification of further instruments.
The author concludes that selective ratification of human rights treaties which respond to the
particular needs of Pacific States is the best approach to advance human rights in the region.
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