Explaining patterns in the ratification of global environmental treaties

A study was made of the ratification behavior of 160 countries with respect to 38 global environmental treaties. The study identifies and explains patterns in the ratification of treaties, providing two means of assessing the likelihood that any given country will support global environmental treaties. National ratification totals reveal a pattern of high ratification by countries in Western Europe, North America, Japan, Australia, and New Zealand. A country's standing within the range of high to low ratification rates can be explained by the statistical model developed in the study. This research allows one to identify countries likely to support global environmental treaties

Ratification quotas in international agreements

This paper analyses the role of ratification quotas in multilateral agreements over emission reduction. The higher is the quota, the lower is the level of emissions in case the agreement comes into force, but the higher is also the risk of failure. In a setting with incomplete information, two country types and a binary contribution to the provision, I examine the differences between simultaneous and sequential ratification. When the benefits from emission of both types are smaller than the social costs, the outcome in the simultaneous case is essentially identical to the sequential case. The optimal quota is 100% and achieves the first best. With the high type's benefits exceeding the social costs, I find that the optimal quota is as small as possible, if ratification is simultaneous. In the sequential ratification case, I cannot determine the optimal quota. However, I find that the aggregate expected surplus decreases with respect to the simultaneous case

Ratification: Useful But Uneven

Ratification permits a principal to determine to be bound by the legal consequences of action taken by an agent after the fact of the agent’s conduct when the principal would otherwise not be bound. By ratifying a principal may clarify the effects of uncertainty, furnishing reassurance to the agent, the third party with whom the agent dealt, and other parties interested in the status of the transaction. However, at the point the principal decides whether to ratify, the principal knows facts not known to agent and third party at the time of the agent’s unauthorised transaction, in particular subsequent developments in the market. The principal thus may be tempted to speculate at the expense of the third party, ratifying if the transaction seems then favorable to the principal and, if not, relying on the agent’s lack of authority. This article is a comparative analysis of ratification doctrine within the systems covered by The Unauthorized Agent. Ratification doctrine is variable among these systems and, even within single systems, difficult to rationalize. The article argues that these doctrinal characteristics reflect tensions between two competing principles that underlie ratification—the necessity for the principal’s consent and considerations of fairness to third parties—leading to variations in doctrinal specifics. Ratification’s unevenness also reflects the complexity of consent within agency doctrine; system-by-system variations also stem from differences in the significance of ratification and the contexts in which the doctrine matters

Uncertainty and ratification failure

I study a game where two agents bargain on an agreement to replace the status quo. For their agreement to come into e¤ect, they need the approval of a third agent. The preferences of this third agent is private information, but there is communication among agents. I study this game in the context of international agreements to provide an explanation for involuntary rati�cation failures. I show that under certain assumptions, the informational de�ciency is incurable due to incentives to misrepresent preferences, and that a parliament whose majority is more hawkish than their executive prefers the executive to be risk averse

Is There a Democracy–Civil Society Paradox in Global Environmental Governance?

Civil society is commonly assumed to have a positive effect on international cooperation. This paper sheds light on one important facet of this assumption: we examine the impact of environmental non-governmental organizations (ENGOs) on ratification behavior of countries vis-à-vis international environmental agreements (IEAs). The main argument of the paper focuses on a “democracy-civil society paradox”: although ENGOs have a positive effect on ratification of IEAs on average, this effect decreases with increasing levels of democracy. This argument is counter-intuitive and appears paradoxical because democracy is generally associated both with a more active civil society and more international cooperation. The reasons for this hypothesized effect pertain to public demand for environmental public goods provision, government incentives, and problems of collective action among ENGOs. To test the net effect of ENGOs on countries' ratification behavior, the paper uses a new dataset on ENGOs in the time-period 1973–2006. The results offer strong support for the presumed democracy–civil society paradox. </jats:p

On the strategic use of representative democracy in international agreements

We consider as endogenous the choice of the delegation' rule in a political integration process between two countries. We study three potential types of delegation: strong, weak or no delegation, this last case corresponding to a referendum. We show that populations decide to bind themselves by delegating the national policy decision to a "powerfull conservative representative", in order to improve their bargaining position. These non-cooperative behaviors of countries when they decide on their delegation rule induce negative political externalities between countries, which cancel the gains achieved by the internalization of economic externalities in the case of political integration. We then propose two extensions. First, we assume a pre-play game where the countries choose whether or not to initiate political integration. Secondly, we examine the consequences of ratification by referendum. We conclude that a Pareto improvement of the political integration process would be to specify within the international treaty itself the means for its ratification; more precisely, to incorporate a formal ratification procedure, corresponding to an ex post referendum.Delegation;International Agreements;Nash Bargaining Solution;Political Integration;Ratification;Referendum

Treaty Signature

This chapter is a contribution to The Oxford Guide to Treaties (Duncan Hollis, ed., Oxford University Press, forthcoming 2012). Under international law, in order for a State to become a party to a treaty, it must express its consent to be bound by the treaty. Such consent can be expressed in a variety of ways, including through signature of the treaty by a proper representative of the State. Under modern treaty practice, however, States often express their consent to be bound by a separate act of ratification that is carried out after signature. When a treaty is subject to discretionary ratification after signature, the signature is referred to as a \u27simple signature,\u27 whereas a signature that indicates consent to be bound is referred to as a \u27definitive signature\u27. Part I of the chapter considers why States often prefer simple signature subject to ratification in lieu of other methods of joining a treaty. Part II discusses the international legal consequences of a simple signature. Part III reviews the process by which a State can terminate its signatory obligations. The chapter concludes with a brief consideration of the strategic issues raised by the ability of States to decide not to ratify a treaty after signature

THE LISBON TREATY: A SINUOUS RATIFICATION

This article deals with the intricate ratification process of the Lisbon Treaty, while focusing on the thorny issues of Euroscepticism and democratic deficit within the European Union in the current institutional context. The study is based on a wide research endeavour, whose purpose has been to encompass multiple points of view on the future of the European Union, seen from the perspective of the Treaty of Lisbon and its reception in all member states. These viewpoints include the ones found in the speciality literature, as well as in the press that published representative articles during the debates on the ratification of the Lisbon Treaty. Useful attempts are made in order to classify the member states of the EU according to various relevant criteria in their attitude germane to the ratification of the Treaty, so as to outline new waves of Euroscepticism, opt-outs and criticism. Apart from an institutional and a legal perspective, this study presents a large number of political, national and even cultural aspects encountered in attitudes and courses of action pertaining to the future of European Construction, seen through the eyes of the reform process carried out by the latest EU major legal document.Lisbon Treaty, reform, Euroscepticism, democratic deficit, ratification

Does ratification of human-rights treaties have effects on population health?

Human-rights treaties indicate a country's commitment to human rights. Here, we assess whether ratification of human-rights treaties is associated with improved health and social indicators. Data for health (including HIV prevalence, and maternal, infant, and child [<5 years] mortalities) and social indicators (child labour, human development index, sex gap, and corruption index), gathered from 170 countries, showed no consistent associations between ratification of human-rights treaties and health or social outcomes. Established market economy states had consistently improved health compared with less wealthy settings, but this was not associated with treaty ratification. The status of treaty ratification alone is not a good indicator of the realisation of the right to health. We suggest the need for stringent requirements for ratification of treaties, improved accountability mechanisms to monitor compliance of states with treaty obligations, and financial assistance to support the realisation of the right to health

Heterogeneous Firm-Level Responses to Trade Liberalisation: A Test Using Stock Price Reactions

This paper presents novel empirical evidence on key predictions of heterogeneous firm models by examining stock market reactions to the Canada-United States Free Trade Agreement of 1989 (CUSFTA). Using the uncertainty surrounding the agreement's ratification, I show that the pattern of abnormal returns of Canadian manufacturing …firms was broadly consistent with the predictions of a class of models based on Melitz (2003). Increases in the likelihood of ratification led to stock market gains of exporting firms relative to non-exporters. Moreover, gains were higher in sectors with larger cuts in U.S. import tariffs. Decreases in the likelihood of ratification led to opposite stock market reactions. Results for the impact of Canadian tariff reductions are less conclusive but most specifications suggest that exporters also gained relative to non-exporters in response to such reductions. Translating stock market gains into implied profit changes, I find that CUSFTA increased expected per-period profits of exporters by around 6-7% relative to non-exporters.Heterogeneous firm models, stock market event studies, Canada-U.S. free tradeagreement