Statelessness & Citizenship Review
2020
2(1)
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Africa
Asia-Pacific
Eastern Europe
Latin America and Caribbean
Western Europe and Others
Figure 3. Proportion of states with domestic provisions by region.
Global statistical analysis also sheds light on the relationship between
ratification of international treaties obliging states to criminalise human
exploitation and domestic legislative efforts implementing such. Many
international jurists operate from the premise that ‘almost all nations observe
almost all principles of international law and almost all of their obligations almost
all of the time’. 22 However, the evidence of such remains ambiguous, and may
diverge substantially between different branches of international law and between
states. With regard to international human rights treaties, the question of whether
ratification results in improved protection of human rights within states depends
on a plethora of factors which cannot be distilled into a set of generalised
observations or conclusions. However, debates over the efficacy of human rights
treaties in effecting change continue. Having conducted both statistical and case
analyses, Beth Simmons argues that, on average, ratification of human rights
treaties produces positive improvements in the protection of rights in practice. 23
However, Emilie Hafner-Burton and Kiyoteru Tsutsui contend that, although
human rights instruments may be ‘effective in stable and consolidating
democracies with strong civil society activism’, they generally fail to effect
meaningful change in the most repressive and rights-abusing states where change
22
23
Louis Henkin, How Nations Behave: Law and Foreign Policy (2nd edn, Columbia University
Press 1979) 47.
Beth A Simmons, Mobilizing for Human Rights: International Law in Domestic Politics
(Cambridge University Press 2009).
164