Abstract

http://ssrn.com/abstract=2229072
 
 

Citations (1)



 
 

Footnotes (3)



 


 



Human Rights Backsliding


Andrew T. Guzman


University of California, Berkeley - School of Law

Katerina Linos


University of California, Berkeley - School of Law

March 6, 2013

UC Berkeley Public Law Research Paper No. 2229072

Abstract:     
Human rights advocates and international lawyers view international agreements and other international norms as important tools to improve human rights around the world. This Article explains that, contrary to widely held beliefs, international human rights norms are not a one-way street. Norms capable of generating improved behavior in poorly performing states will also tend to exert a downward pull on high-performing states. This downward pull leads to what we term “human rights backsliding” — a tendency for high-performing states to weaken their domestic human rights regimes relative to prior behavior or relative to what they would otherwise have done.

The theory of backsliding is a novel one, and so we introduce it with several real-world examples. In order to make the theory, its assumptions, and its consequences as explicit as possible, we also provide a formal model of backsliding. We then explain how an understanding of human rights backsliding helps explain state behavior that is otherwise puzzling. We explore some of the implications of backsliding for the design of international agreements and we consider strategies for advocates seeking to advance the cause of human rights internationally.

Number of Pages in PDF File: 47

working papers series


Download This Paper

Date posted: March 7, 2013  

Suggested Citation

Guzman, Andrew T. and Linos, Katerina, Human Rights Backsliding (March 6, 2013). UC Berkeley Public Law Research Paper No. 2229072. Available at SSRN: http://ssrn.com/abstract=2229072 or http://dx.doi.org/10.2139/ssrn.2229072

Contact Information

Andrew T. Guzman
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
510-642-8074 (Phone)
510-642-3728 (Fax)
HOME PAGE: http://www.andrewguzman.net
Katerina Linos (Contact Author)
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
Feedback to SSRN


Paper statistics
Abstract Views: 636
Downloads: 146
Download Rank: 112,697
Citations:  1
Footnotes:  3
People who downloaded this paper also downloaded:
1. The Morality of Human Rights
By Michael Perry

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.985 seconds