
NSF Org: |
SES Division of Social and Economic Sciences |
Recipient: |
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Initial Amendment Date: | June 28, 2020 |
Latest Amendment Date: | June 28, 2020 |
Award Number: | 2016937 |
Award Instrument: | Standard Grant |
Program Manager: |
reginald sheehan
SES Division of Social and Economic Sciences SBE Directorate for Social, Behavioral and Economic Sciences |
Start Date: | August 1, 2020 |
End Date: | July 31, 2022 (Estimated) |
Total Intended Award Amount: | $21,034.00 |
Total Awarded Amount to Date: | $21,034.00 |
Funds Obligated to Date: |
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History of Investigator: |
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Recipient Sponsored Research Office: |
4333 BROOKLYN AVE NE SEATTLE WA US 98195-1016 (206)543-4043 |
Sponsor Congressional District: |
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Primary Place of Performance: |
WA US 98195-0001 |
Primary Place of
Performance Congressional District: |
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Unique Entity Identifier (UEI): |
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Parent UEI: |
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NSF Program(s): | Law & Science |
Primary Program Source: |
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Program Reference Code(s): |
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Program Element Code(s): |
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Award Agency Code: | 4900 |
Fund Agency Code: | 4900 |
Assistance Listing Number(s): | 47.075 |
ABSTRACT
The greatest challenges of the 21st century are cross-national, including the environment, migration, epidemics, inequality, and financial corruption. As a result, it is critical to better understand the factors that enable and imperil international cooperation. The study of treaty exit will grant us additional purchase on why international law influences the behavior of some countries more than others and how design influences treaty durability. First, by shedding light on the effect of treaty design on exit, this project will help future policy makers consider exit risk when designing and negotiating agreements. Second, this research will help inform policy makers who are invested in global governance understand how concerned they should be about exit from international agreements. Finally, this research will help policy makers understand the conditions that lead to exit and the effects of exit.
Despite a wealth of literature on treaty commitment and compliance, we know very little about treaty exit. This project explores a missing stage in the treaty lifecycle, and illuminates differences in the strength of international law across states. To better understand historic patterns of treaty exit and the factors that contribute to them, this project leverages a combination of large-N analysis of treaty exits over the last hundred years, text-as-data supervised machine learning analysis of treaty design, and elite interviews. Cases include exits from the International Criminal Court, and from several International Labor Organization conventions that seek to protect women through restricting workplace participation, and the U.S. exits from the Intermediate-Range Nuclear Forces Treaty and the Paris Agreement. The resulting data will be useful to other researchers interested in international cooperation or in design differences across treaties or over time and may enable further research on the relationship between treaty design and effectiveness.
This award reflects NSF's statutory mission and has been deemed worthy of support through evaluation using the Foundation's intellectual merit and broader impacts review criteria.
PROJECT OUTCOMES REPORT
Disclaimer
This Project Outcomes Report for the General Public is displayed verbatim as submitted by the Principal Investigator (PI) for this award. Any opinions, findings, and conclusions or recommendations expressed in this Report are those of the PI and do not necessarily reflect the views of the National Science Foundation; NSF has not approved or endorsed its content.
What leads states to exit from treaties? Is treaty exit simply a reversal of the conditions that lead states to commit to a treaty? What factors increase the likelihood a state will withdraw from a treaty and what treaties are they most likely to leave? In this dissertation, I identify broad patterns in state withdrawal from international agreements and theorize that there are two distinct patterns of exit, pragmatic and principled. State proclivity to engage in either pattern of exit is influenced by the interaction of state specific factors, such as diffuse political trust, and treaty legalization. I test this theory through case studies, elite interviews, analysis of speeches and press statements, supervised machine learning with treaty text as data, survival models, and regressions.
I define treaty exit and the conditions under which is it allowed. I then share data on patterns of treaty exit I compiled from the UN Treaty Archive, which contains all publicly registered treaties between 1919- 2019. I identify over 4,800 treaty withdrawals, and find that treaty exit peaks during times of global transition, such as decolonization and the end of the Cold War. States withdraw from economic, labor, and environmental treaties more frequently than they exit security agreements and agreements which govern physical integrity rights. Somewhat counter intuitively, I discover that the states most prone to exiting treaties, even as a fraction of total treaty participation, are often the states most invested in global cooperation, such as Canada, Sweden, the Netherlands and Japan.Even controlling for total treaty participation and thus the opportunity to exit, European states (and former British settler colonies) leave treaties at higher rates than countries in other regions.
I theorize that treaty exit is the product of three things: a change related to the treaty, as highlighted by the quote above, the degree to which the treaty is legalized, and state political trust. I identify two primary distinct patterns of exit, principled and pragmatic. In principled exits, states withdraw from treaties to contest the norms enshrined in the treaty and are not influenced by the likelihood of enforcement under the treaty. In pragmatic exits, the state leaves because they would face a consequence under the treaty for current or future violation. I then hypothesize about how the interaction between political trust and treaty design may lead to patterns of principled or pragmatic exit.
I examine treaty-level factors, specifically legalization. I identify hallmarks of precision, delegation, obligation and flexibility in inter-national treaties. I then use supervised machine learning to label a large corpus of treaties based on the presence of each element of legalization. I find that delegation and precision significantly increase the likelihood of treaty exit, while obligation, especially the presence of dispute resolution mechanisms, may lower it. I briefly examine how legalization may in-fluence exit risk in more detail through examining withdrawal from treaties governing the death penalty, and the denunciation of ILO conventions related to child labor.
I then turn to an examination of state level factors. I theorize that states with high levels of domestic trust are more likely to engage in principled exit but are less likely to engage in pragmatic exit. On the other hand, states with low trust are less likely to engage in principled exit and more likely to carry out pragmatic exit. I find support for the hypothesis that domestic political trust is associated with treaty exit. High political trust decreases the likelihood of pragmatic exit while increasing principled exit
.I then turn from my discussion of treaty and state level factors to an examination of the patterns of principled and pragmatic exit, which integrates these factors. I explore principled exit through the case of state withdrawal from early 20th century ILO conventions which sought to restrict women's equal opportunity at work under the guise of special protection. I find that states with strong women's and workers rights are more likely to exit these agreements than their counterparts with weaker rights, suggesting that these denunciations are driven by state conflict with the normative content of these agreements. I then use 42 semi-structured interviews with ILO staff and delegates to better understand the denunciation of these agreements.
Finally, I study patterns of pragmatic exit by contrasting Burundi's exit from the Rome Statute with South Africa's threatened withdrawal. I find that in both cases, a precipitating event occurred that increased conflict between the state and the International Criminal Court (ICC). However, for Burundi, the precision of the Rome Statute, as well as the delegated authority to the UNSC, created irreconcilable tension that led to exit. In contrast, after deciding to remain in the treaty, South Africa plans to use the dispute resolution provision within the treaty to ask the ICJ to clarify the conflict between obligations under the Rome Statute and customary internationallaw.
Last Modified: 10/24/2022
Modified by: Bree L Bang-Jensen
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