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111 Yale L.J. 1935 (2001-2002)
Do Human Rights Treaties Make a Difference

handle is hein.journals/ylr111 and id is 1955 raw text is: Articles
Do Human Rights Treaties Make a Difference?
Oona A. Hathaway'
CONTENTS
I.  EXISTING LITERATURE ON TREATY COMPLIANCE
AND  EFFECTIVENESS........................................................................1942
A. Rational Actor Models ...............................................................1944
1. Realism: Compliance as Coincidence .................................1944
2. Institutionalism: Compliance as Strategy............................1947
3. Liberalism: Compliance as By-Product
of Domestic Politics .............................................................1952
B. Normative Models ......................................................................1955
1. The Managerial Model: Compliance Is Due
to a Norm of Compliance and Fostered
by Persuasive Discourse ......................................................1955
t Associate Professor, Boston University School of Law. Associate Professor Designate,
Yale Law School. J.D., Yale Law School. I thank the Carr Center for Human Rights Policy and
the Center for Ethics and the Professions, both of Harvard University, for their support of this
project and participants in workshops at both centers for their comments on an early draft of this
Article. I thank Casey Caldwell, Teomara Hahn, Neil Austin, Seyoon Oh, Atif Khawaja, Steve
Morrison, Matthew Eckert, and Jaehong Choi for their research assistance and Katherine Tragos
for her data entry and research assistance. I owe a debt to Victor Aguirregabiria for consulting
with me on the statistical portions of this Article, and Yulia Radionova, Martino De Stephano, and
especially Firat Inceoglu for their research assistance with the statistical portions of this Article. I
am also indebted to the library staff at Boston University School of Law for providing
extraordinary support for and assistance with this project. Finally, I am grateful to participants in
the Boston University Faculty Workshop, Karen J. Alter, Ian Ayres, Lawrence Broz, Douglass W.
Cassel, Jr., Daniel Farber, Ward Farnsworth, Andrew Guzman, Philip Hamburger, Jim Hathaway,
Robert Howse, Robert Keohane, Alvin Klevorick, Harold Hongju Koh, Kristin Madison,
Christopher McCrudden, Andrew Moravcsik, Benjamin I. Page, A.W. Brian Simpson, Mark
West, and especially Jacob S. Hacker for their thoughtful comments on earlier drafts of this
Article.
1935

Imaged with the Permission of Yale Law Journal

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