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Ties That Do Not Bind: Why Treaty Ratification Might Imply Treaty Non-Compliance

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Abstract:

There is a general expectation that states will comply with the provisions set forth
in treaties that they ratify. However, we know that a compliance gap exists and that
countries sometimes do not fully incorporate or implement international treaties to
which they formally are party. We look inside the state to suggest a domestic politics
explanation for these outcomes. Using a formal model, we find equilibria in which
states will sign and ratify treaties but then either not incorporate them into domestic
legal codes or else implement them in a sub-standard fashion. The model suggests three
behaviors that can limit treaty implementation: buck-passing, hand-showing and the
fear of compliance failure. We illustrate these behaviors with reference to case studies
involving the United States, India and Russia.

Most Common Document Word Stems:

treati (255), chamber (137), implement (133), execut (109), rati (104), upper (81), 1 (74), actor (73), sign (72), 2 (69), complianc (62), lower (62), cation (62), polici (60), voter (59), state (57), point (56), vote (56), prefer (54), xm (53), x (53),
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Association:
Name: American Political Science Association
URL:
http://www.apsanet.org


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MLA Citation:

Sanchez, Thania. and Winters, Matthew. "Ties That Do Not Bind: Why Treaty Ratification Might Imply Treaty Non-Compliance" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2009-05-27 <http://www.allacademic.com/meta/p211077_index.html>

APA Citation:

Sanchez, T. and Winters, M. S. , 2007-08-30 "Ties That Do Not Bind: Why Treaty Ratification Might Imply Treaty Non-Compliance" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2009-05-27 from http://www.allacademic.com/meta/p211077_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: There is a general expectation that states will comply with the provisions set forth
in treaties that they ratify. However, we know that a compliance gap exists and that
countries sometimes do not fully incorporate or implement international treaties to
which they formally are party. We look inside the state to suggest a domestic politics
explanation for these outcomes. Using a formal model, we find equilibria in which
states will sign and ratify treaties but then either not incorporate them into domestic
legal codes or else implement them in a sub-standard fashion. The model suggests three
behaviors that can limit treaty implementation: buck-passing, hand-showing and the
fear of compliance failure. We illustrate these behaviors with reference to case studies
involving the United States, India and Russia.

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Associated Document Available Political Research Online
Associated Document Available American Political Science Association

Document Type: application/pdf
Page count: 38
Word count: 13487
Text sample:
Ties That Do Not Bind: A Model of Treaty Ratification and Compliance Thania Sanchez Columbia University ts2058@columbia.edu Matthew S. Winters Columbia University msw22@columbia.edu August 2007 Paper prepared for presentation at the 2007 Annual Meeting of the American Political Science Association Chicago Illinois Abstract There is a general expectation that states will comply with the provisions set forth in treaties that they ratify. However we know that a compliance gap exists and that countries sometimes do not fully incorporate or
chamber will vote in favor of the treaty if ˆ p2 ≤ (xM − xSQ )2 (from equations (2) and (3)). The executive’s decision is based on whether the condition p(xT − xM ) − b ≤ (xM − xSQ )2 (from equation (5)) holds. Given that the RHS is the same in both of these conditions if the parameters are such that p2 < p(xT − xM ) − b ∗ ∗ then we will have a situation


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