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Posted on 9:33 am | Posted in Print Articles

Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice

By Zachary Elkins, Tom Ginsburg and Beth Simmons
Suggested Bluebook citation: Zachary Elkins, Tom Ginsburg and Beth Simmons, Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice, 54 Harv. Int'l L.J. (2013).
Tom Ginsburg is the Leo Spitz Professor of International Law and the Ludwig and Hilde Wolf Research Scholar and Professor of Political Science at the University of Chicago, and Research Professor at the American Bar Foundation. Zachary Elkins is a Professor of Political Science at the University of Texas. Beth Simmons is Clarence Dillon Professor of International Affairs and Director of the Weatherhead Center for International Affairs at Harvard University.
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This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not the drafters’ countries are legally committed to the agreements (though commitment enhances the effect). Our particular focus is on the all-important International Covenant on Civil and Political Rights, whose ratification inclines countries towards rights they, apparently, would not otherwise adopt. This finding confirms the complementary relationship between treaty ratification and domestic constitutional norms, and suggests that one important channel of treaty efficacy may be through domestic constitutions.

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Tags: convergence, featured, Human Rights, Treaties and International Agreements

Other articles in Issue 54(1):
  • Moria Paz: The Failed Promise of Language Rights: A Critique of the International Language Rights Regime
  • Ashley S. Deeks: Consent to the Use of Force and International Law Supremacy
  • Natalie J. Lockwood: International Vote Buying

Zachary Elkins, Tom Ginsburg and Beth Simmons, Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice, 54 Harv. Int'l L.J. (2013).

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  • The Failed Promise of Language Rights: A Critique of the International Language Rights Regime The Failed Promise of Language Rights: A Critique of the International Language Rights Regime Moria Paz, Volume 54(1)
  • Consent to the Use of Force and International Law Supremacy Consent to the Use of Force and International Law Supremacy Ashley S. Deeks, Volume 54(1)
  • Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice Zachary Elkins, Tom Ginsburg and Beth Simmons, Volume 54(1)
  • International Vote Buying International Vote Buying Natalie J. Lockwood, Volume 54(1)
  • Conceptualizing China Within the Kantian Peace Conceptualizing China Within the Kantian Peace Manik V. Suri, Volume 54(2)
  • International Law as American History Commentary ~ International Law as American History Marco Basile
  • Reciprocity and the Regulatory Function of International Investment Law Response ~ Reciprocity and the Regulatory Function of International Investment Law Julian Davis Mortenson
  • Forum ~ HILJ Symposium Cecilia Vogel
  • Forum ~ HILJ Symposium Ankita Ritwik
  • Forum ~ HILJ Symposium Josh Green

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