Do Human Rights Treaties Make a Difference?

Влияют ли договоры по правам человека?
Oona A. Hathaway
2002-06-01

Louis Henkinhuman rights treatiesinternational law complianceinternational relations skepticism
International lawyers for the most part assume that, as Louis Henkin memorably put it, "almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time."'This assumption undergirds the work of many legal scholars and practitioners, who endeavor to explicate and form the law presumably because they believe that it has real impact.Indeed, the claim that international law matters was until recently so widely accepted among international lawyers that there have been relatively few efforts to examine its accuracy. 2Yet this view long coexisted with a much more skeptical conception of international law among international relations scholars-a conception that holds that, in the immortal words of Thucydides, "[t]he 1. Louis
1
Many international lawyers assume states generally comply with international law, including human rights treaties.
2
The widespread belief that international law has real impact has led to relatively few empirical examinations of its accuracy.
3
There exists a contrasting skeptical view from international relations scholars who doubt the efficacy of international law.

Human rights treaties (international human-rights law instruments)

Whether and how human rights treaties affect state behavior and the real-world observance of international human-rights obligations

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Oona A. Hathaway
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