scholarly journals Signaling by Signature: The Weight of International Opinion and Ratification of Treaties by Domestic Veto Players

2016 ◽  
Vol 6 (1) ◽  
pp. 15-31
Author(s):  
David Hugh-Jones ◽  
Karolina Milewicz ◽  
Hugh Ward

The signing of international treaties is usually considered insignificant for international legal cooperation. Accordingly, International Relations theorists have paid it little attention. We show in this paper how and why treaty signature matters for the ultimate decision to ratify an international treaty. We argue that when multiple well-informed actors publicly sign an international treaty, this can provide a strong signal of issue importance to domestic veto players, and in turn may persuade them to ratify the treaty. We formalize this argument in a two-level signaling game, and test it on a data set of 126 international environmental agreements. We find that treaties are more likely to be ratified when their signatories include countries with high levels of general or issue-specific knowledge.

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.


Author(s):  
Ronald B. Mitchell

International lawyers and legal scholars often assess the effects of international environmental agreements (IEAs) in terms of the extent to which states comply with their commitments. International relations scholars tend to examine IEA effects through a broader set of questions. They are concerned with any behavioural or environmental changes that can be attributed to an IEA – whether these changes involve compliance or not and regardless of whether these changes were desired, unintended, or even perverse. International relations scholars also focus on the reasons why states change their behaviour and what aspects, if any, of an IEA explain those behavioural changes. To see the difference between these approaches, consider four categories of behaviour: treaty-induced compliance, coincidental compliance, good faith non-compliance, and intentional non-compliance. This article reviews the theoretical terrain and shows that nominally ‘competing’ perspectives have different insights to offer those seeking to improve the practice of international environmental law.


2019 ◽  
Vol 19 (4) ◽  
pp. 14-44 ◽  
Author(s):  
Clara Brandi ◽  
Dominique Blümer ◽  
Jean-Frédéric Morin

While thousands of international treaties have been concluded, it remains unclear whether they have been implemented. This article investigates the relationship between the conclusion of environment-related international treaties and the adoption of domestic environmental legislation. Thanks to data sets that are considerably more comprehensive and fine-grained than those previously used, we can analyze the direct link to environmental legislation rather than the less direct link to environmental outcomes. Moreover, we can disaggregate for specific environmental issue areas. Our results suggest a positive relationship between domestic environmental legislation with both international environmental agreements and preferential trade agreements (PTAs) with environmental provisions. This link is more robust for PTAs, mostly present in developing countries, more pronounced before rather than after the treaties’ entry into force, and shows significant variation depending on the issue area. These findings contribute to the literature on environmental regime effectiveness and the domestic impact of treaties.


Author(s):  
Svetlana G. Mirzoeva ◽  
Elena Kh. Apazheva ◽  
Natalya S. Lavrova

The article deals with the problem of the internal situation in Czechoslovakia, its political and economic development in the specified period. Particular attention is paid to the efforts of Czechoslovakia aimed at preventing the division of the country. The leadership of Czechoslovakia entered into international treaties, strengthened the state’s defenses, and modernized the army. The article also touches upon the international relations of Germany, Great Britain, France, Italy on the further fate of Czechoslovakia in the second half of the 30s. XX century. The leadership of Czechoslovakia and its president Edvard Beneš felt the threat looming over the country from Germany, so they took certain steps to preserve the integrity of the Czechoslovak republic. The reform of the army began in the country, it was modernized, equipped with new equipment, weapons, aviation. A new line of fortifications was built along the borders. The diplomatic department of Czechoslovakia was also not idle. Consultations were constantly held with the USSR, Great Britain, France and Germany on the issue of preserving the country’s sovereignty, international treaties were concluded on assistance in the event of an attack by a third party. But, despite all these efforts, at the end of September 1938, Czechoslovakia was divided by force, the Sudetenland was torn away from it, fascist troops were brought into the country, and the leaders of the state were leaders of the fascist party. All these changes were enshrined in an international treaty - the Munich Agreement. Germany, Italy, France and Great Britain took part in its signing. Representatives of the Czechoslovak Republic were not even invited to the conference. The Czechoslovak side was familiarized with the terms of the agreement only after their adoption. Czechoslovakia could not in any way influence the decisions of Hitler, Mussolini, Deladier and Chamberlain. As a result, throughout the Second World War, Czechoslovakia existed as two separate parts: the Protecto-rate of Bohemia and Moravia and the Slovak Republic.


2009 ◽  
Vol 43 (4) ◽  
pp. 427-456 ◽  
Author(s):  
R. Daniel Kelemen ◽  
David Vogel

When environmental issues emerged on the international agenda in the late 1960s and early 1970s, the United States was of one of the strongest and most consistent supporters of international environmental treaties and agreements. The member states of the European Union subsequently ratified all the international treaties created in this period, but U.S. leadership was crucial and European states were laggards in many cases. Since the 1990s, the political dynamics of international environmental policy have shifted, with the European Union emerging as a global environmental leader and the United States repeatedly opposing multilateral environmental agreements. The authors argue that a “regulatory politics” model that synthesizes the effects of domestic politics and international regulatory competition provides the most powerful explanation of why the United States and European Union have “traded places” with respect to their support for international environmental agreements.


wisdom ◽  
2021 ◽  
Vol 20 (4) ◽  
pp. 95-103
Author(s):  
Volodymyr ORTYNSKYI ◽  
Valentina SHAMRAYEVA ◽  
Ihor ZEMAN ◽  
Ivanna LISNA ◽  
Oksana VALETSKA

Soft law is a set of rules and guidelines, the legal force of which is at the “negotiation” stage. It has ap- peared in international law since the 1970s as one alternative to international treaties, used in cases where, for various reasons, the parties do not want or cannot commonly decide or to sign an international treaty. Agreements of this kind do not create legal obligations between the contracting parties (under the princi- ple, contracts must be respected) but only set political obligations, observing which is at the discretion of the parties. The primary purpose of the study is to analyze the philosophy of “soft law” in the context of international management of relations. The principal object of the research is the essence and significance of the philosophy of “soft law” as such. The major results of our research are to determine the essence and significance of the philosophy of “soft law” in the context of international relations.


Author(s):  
Cesare P. R. Romano

In international treaties, dispute settlement clauses follow the description of the agreed rules. As a result of this eventual and ancillary function, the law and procedure of international dispute settlement has long been the Cinderella of international law. In the past two decades, a series of considerations has modified this casual attitude towards international dispute settlement, particularly in the environmental sphere. Environmental factors have been increasingly acknowledged to be a relevant source of international tension and disputes, and even of actual threats to international peace and security. The settlement of environmental disputes can be explored along many different themes and variables. This article examines international dispute settlement in the field of the environment by contrasting dispute settlement by way of procedures contained in international environmental agreements (endogenous) to dispute settlement by way of procedures either of non-environmental agreements or of environmental agreements other than the one under which the dispute arose (exogenous).


Author(s):  
Chenaz B. Seelarbokus

Over the course of the twenty-first century, international environmental cooperation has been spurred through various new international environmental institutions and programs, and a dramatic strengthening of international environmental law-making. With the burst of environmental treaty-making the corpus of international environmental law (IEL) has expanded to include significant international environmental agreements (IEAs) in the sphere of climate change, ozone layer depletion, biodiversity, and so on; as well as the recognition of important principles such as good neighborliness and the common heritage. IEAs function similarly to international treaties—indeed, the only difference between an IEA and other international treaties lies in the subject matter. IEAs function as the instrument for laying down the principles of international laws binding upon states was established by the 1815 Congress of Vienna. Over the years, IEAs have not simply increased in number, but have also undergone an evolution in their structural design. In the early 1930s, IEAs tended to be simple in terms of their requirements, vague in terms of their objectives, and utilitarian in their ethos for protecting the environment. With time, however, as environmental sciences evolved to incorporate new principles and concepts, the structure of IEAs has followed in tandem to incorporate the new understandings and the new concerns.


2016 ◽  
Vol 6 (1-2) ◽  
pp. 73-134
Author(s):  
Rachael E. Goodhue ◽  
Susan Stratton Sayre ◽  
Leo K. Simon

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.


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