Citation

Sandholtz W. J. Hum. Right. 2017; 16(1): 25-43.

Copyright

(Copyright © 2017, Informa - Taylor and Francis Group)

DOI

10.1080/14754835.2015.1103164

PMID

unavailable

Abstract

How human rights treaties will be incorporated and applied domestically must affect how eager states will be to ratify those treaties. This article focuses on two characteristics of domestic legal systems that shape the relationship between international law and domestic law: whether treaties are directly incorporated into domestic law and whether treaties can override ordinary statute. The analysis probes two arguments as to why domestic legal institutions influence ratification decisions, one emphasizing the potential costs associated with ratification and the other emphasizing congruence between domestic values and treaty norms. Survival analysis of ratification of the Convention against Torture reveals that both judicial independence and making treaties equal or superior to statute increase the likelihood of ratification, which is consistent with the norm-congruence thesis. The results suggest new avenues for investigating the relationships between human rights treaties and domestic legal institutions.

Language: en