Advanced Search
MyIDEAS: Login to save this article or follow this journal

Do governments mean business when they derogate? Human rights violations during notified states of emergency

Contents:

Author Info

  • Eric Neumayer

    ()

Abstract

Whether international human rights treaties constrain the behavior of governments is a hotly contested issue that has drawn much scholarly attention. The possibility to derogate from some, but not all, of the rights enshrined in the International Covenant on Civil and Political Rights (ICCPR) during declared and officially notified states of emergency provides a hitherto unexplored test case. If governments were increasingly violating non-derogable rights during derogation periods then this provides evidence that the ICCPR has no sufficient constraining effect on state parties. I analyze whether specific individual human rights as well as two aggregate rights measures are systematically more violated during derogation periods in a global sample over the period 1981 to 2008. I find that regime type matters: autocracies step up violation of both non-derogable and derogable rights, anocracies increasingly violate some derogable and some non-derogable rights, whereas democracies see no statistically significant change in their human rights behavior during derogation periods. This result suggests that the main general international human rights treaty fails to achieve its objective of shielding certain rights from derogation where, as in autocracies and anocracies, a constraining effect would be needed most. Copyright Springer Science+Business Media New York 2013

Download Info

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
File URL: http://hdl.handle.net/10.1007/s11558-012-9144-y
Download Restriction: Access to full text is restricted to subscribers.

As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

Bibliographic Info

Article provided by Springer in its journal The Review of International Organizations.

Volume (Year): 8 (2013)
Issue (Month): 1 (March)
Pages: 1-31

as in new window
Handle: RePEc:spr:revint:v:8:y:2013:i:1:p:1-31

Contact details of provider:
Web page: http://www.springer.com/business/sociology/journal/11558

Order Information:
Web: http://link.springer.de/orders.htm

Related research

Keywords: Human rights; International treaty; Compliance; Public emergency; Derogation; K33;

Other versions of this item:

Find related papers by JEL classification:

References

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
as in new window
  1. Geishecker, Ingo & Riedl, Maximilian, 2012. "Ordered response models and non-random personality traits: Monte Carlo simulations and a practical guide," Center for European, Governance and Economic Development Research Discussion Papers 116, University of Goettingen, Department of Economics.
  2. Eric Neumayer, 2004. "Do international human rights treaties improve respect for human rights?," Law and Economics 0411003, EconWPA, revised 06 Jun 2005.
  3. Eric Neumayer, 2007. "Qualified Ratification: Explaining Reservations to International Human Rights Treaties," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 397-429, 06.
  4. Baetschmann, Gregori & Staub, Kevin E. & Winkelmann, Rainer, 2011. "Consistent Estimation of the Fixed Effects Ordered Logit Model," IZA Discussion Papers 5443, Institute for the Study of Labor (IZA).
  5. Ada Ferrer-i-Carbonell & Paul Frijters, 2002. "How important is Methodology for the Estimates of the Determinants of Happiness?," Tinbergen Institute Discussion Papers 02-024/3, Tinbergen Institute.
  6. Michael J. Gilligan & Nathaniel H. Nesbitt, 2009. "Do Norms Reduce Torture?," The Journal of Legal Studies, University of Chicago Press, vol. 38(2), pages 445-470, 06.
  7. Geishecker, Ingo & Riedl, Maximilian, 2012. "Ordered response models and non-random personality traits: Monte Carlo simulations and a practical guide," Center for European, Governance and Economic Development Research Discussion Papers 116, University of Goettingen, Department of Economics.
  8. Hollyer, James R. & Rosendorff, B. Peter, 2011. "Why Do Authoritarian Regimes Sign the Convention Against Torture? Signaling, Domestic Politics and Non-Compliance," International Quarterly Journal of Political Science, now publishers, vol. 6(3–4), pages 275-327, November.
  9. Hafner-Burton, Emilie M. & Helfer, Laurence R. & Fariss, Christopher J., 2011. "Emergency and Escape: Explaining Derogations from Human Rights Treaties," International Organization, Cambridge University Press, vol. 65(04), pages 673-707, October.
  10. Hafner-Burton, Emilie M., 2008. "Sticks and Stones: Naming and Shaming the Human Rights Enforcement Problem," International Organization, Cambridge University Press, vol. 62(04), pages 689-716, October.
Full references (including those not matched with items on IDEAS)

Citations

Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
as in new window

Cited by:
  1. Hielke Buddelmeyer & Duncan McVicar & Mark Wooden, 2013. "Non-Standard 'Contingent' Employment and Job Satisfaction: A Panel Data Analysis," Melbourne Institute Working Paper Series wp2013n29, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.

Lists

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

Statistics

Access and download statistics

Corrections

When requesting a correction, please mention this item's handle: RePEc:spr:revint:v:8:y:2013:i:1:p:1-31. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Guenther Eichhorn) or (Christopher F Baum).

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.