Abstract
AbstractThis chapter examines whether the legal origin of a country influences the likelihood of ratification of multilateral international treaties concerning arms control. We theorize that ratification of an arms control treaty signals a country’s intention to avoid arms races and wars. We know only little about the variation in the ratification of such agreements. One possible element that may explain this variation is the legal origin or tradition of a country. Since treaties are legally binding agreements between two or more states and/or international governmental organizations, they cannot be adapted to local needs and circumstances. Treaties are therefore generally an uneasy fit with the gradual, organic evolution of law that is essential in the common-law system. By contrast, the civil-law tradition neatly distinguishes between legally binding obligations and non-binding guidelines or directives. Consequently, civil-law countries are expected to be more likely to ratify treaties than common-law countries. The empirical results clearly confirm this expectation. In particular, civil-law countries have ratified about nine percent more treaties than common-law countries.
Highlights
In April 2013, the Arms Trade Treaty (ATT) was opened for signature after the adaptation by the United Nations General Assembly and entered into force in December 2014
We have developed a database on the membership status of states in international treaties concerning weapons based on the information provided by the United Nations Office for Disarmament Affairs (UNODA)
The results suggest that there is no significant difference in ratifying arms control treaties between civil-law and common-law states
Summary
In April 2013, the Arms Trade Treaty (ATT) was opened for signature after the adaptation by the United Nations General Assembly and entered into force in December 2014. The conclusion of arms control treaties increases international security and stability, because these agreements have an important signalling function They provide information about peaceful intentions and the willingness to employ offensive capabilities because they require all treaty partners to reduce their offensive weapons arsenal or to limit the range of weapons used.. The aim of this chapter is to provide an insight into the relationship between the legal tradition of a country and the ratification of arms control treaties. For this purpose, an ordered logit model is estimated including 171 countries.
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