Graduate Studies

 

First Advisor

Courtney Hillebrecht

Degree Name

Doctor of Philosophy (Ph.D.)

Committee Members

Rupal Mehta, Rob Schub, Matt Schaefer

Department

Political Science (Human Rights and Humanitarian Affairs)

Date of this Version

4-2024

Document Type

Dissertation

Citation

A dissertation presented to the faculty of the Graduate College at the University of Nebraska in partial fulfillment of requirement for the degree of Doctor of Philosophy

Major: Political Sciences (Human Rights and Humanitarian Affairs)

Under the supervision of Courtney Hillebrecht

Lincoln, Nebraska, April 2024

Comments

Copyright 2024, Joseph Maestas. Used by permission

Abstract

States take many post-ratification actions with most designed to weaken the application of the treaty against the state. However, nearly all treaties offer ways for states to strengthen it: deepening commitments. Deepening commitments are optional post-ratification actions that allow a state to strengthen and shape implementation of the treaty. This dissertation examines deepening commitments through analysis the Convention on the Rights of the Child (CRC), the Rome Statute of the International Criminal Court (Rome Statute), and the Convention on Certain Conventional Weapons (CCW).

In Chapter 2, through a typology and process tracing cases, I argue that states influence international law through selectively deepening commitments. I propose a typology of categorization for state action on deepening commitments. State actions either increase treaty efficacy or expand legal obligations. Focusing on the deepening mechanism allows for better comparisons within a treaty, within a state, and between treaties and states. I then apply this typology to the CRC to show how states use deepening commitments differently based on goals and actions.

In Chapter 3, I explore how states strategically deepen commitments despite having poor human rights records. Through a process tracing case study on Georgia and Palestine’s deepening commitments to the Rome Statute, I find that states use deepening commitment to try and survive an adversary’s existential threat. This threat creates the need for states to explore otherwise ineffective strategies.

In Chapter 4, I examine strategic use of deepening commitments by strong states which have many means of achieving foreign policy goals yet choose to deepen commitments despite the costs. Strong states, in this chapter, are defined as states with many different options available to achieve foreign policy goals such as military power or economic resources. I argue through a process tracing case study on the U.S. deepening commitments to the CCW that strong states use deepening commitments as a low-risk way of countering an adversary through broadening support for the treaty or building ties beyond existing allies.

Advisor: Courtney Hillebrecht

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