By Lea Brilmayer
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Additional resources for From ‘Contract’ to ‘Pledge’ The Structure of International Human Rights Agreements
Example text
It would be a significant mistake to conclude too quickly that these organizations do not know their own business, namely, the progressive recognition and enforcement of rights agreements. We do not yet fully understand how the process works, or how well the process works. Maybe we will never fully understand the significance of pledges, but hopefully some day we will understand them at least as well as traditional contractual treaties.
Those lobbying for stronger human rights policies do not take their values from treaties, and their ability to influence foreign policy depends on whether they have domestic political clout, not whether their views reflect international treaty law. At the opposite end of the spectrum are the optimists; Dean Harold Koh is one of these. He posits a process by which moral norms are transformed over time into a binding principle of conduct, accepted as authoritative by the international community. The sponsors’ first step towards full legal efficacy, Koh asserts, is to obtain authoritative recognition of the norm in question before some ‘law-declaring forum’: I N T E R N AT I O N A L H U M A N R I G H T S AG R E E M E N T S This account of formal recognition in some ‘law-declaring forum’ is an apt description of how activists go about formulating and promoting state adoption of pledges.
Pledges not only secure these parties’ right to claim the moral high ground; they also vindicate their claim to represent the public interest by providing any objective definition of what the public interest is. ‘Pledge’ treaties also provide cover for official agents, both domestic and international, who face countervailing political pressures. Finally, although adopting a moral norm into law does not guarantee that a forum will be found to enforce it, it definitely improves the odds. Although existence of a forum cannot be taken for granted, these possibilities can arise once a moral norm is adopted into law.