Skip navigation
Skip navigation

Transcending Human Rights Instrumentalism

Ganbat, Narantuya

Description

Whether human rights treaties produce an impact on the ground is a highly contested question in international law. I engage in this debate in the present thesis offering a qualitative study of the implementation of the UN Convention on the Rights of Persons with Disabilities in Australia and Mongolia. The scholarship commonly understands human rights treaties in legalistic terms. Treaty outcomes are measured on the basis of the direct effects of their norms....[Show more]

dc.contributor.authorGanbat, Narantuya
dc.date.accessioned2018-05-23T00:35:45Z
dc.date.available2018-05-23T00:35:45Z
dc.identifier.otherb49661991
dc.identifier.urihttp://hdl.handle.net/1885/143570
dc.description.abstractWhether human rights treaties produce an impact on the ground is a highly contested question in international law. I engage in this debate in the present thesis offering a qualitative study of the implementation of the UN Convention on the Rights of Persons with Disabilities in Australia and Mongolia. The scholarship commonly understands human rights treaties in legalistic terms. Treaty outcomes are measured on the basis of the direct effects of their norms. State ratification and incorporation of treaty norms in domestic legal orders are perceived as the principal ways whereby human rights treaties penetrate into and transform domestic contexts. A common prescription for better treaty implementation is to increase their coercive enforcement. I call this view human rights instrumentalism and, in this thesis, argue that it offers a limited understanding of the role that the treaties play in national arenas. The thesis illustrates that, in the years following the adoption of the Disabilities Convention in 2006, vibrant legal and policy developments have taken place in the two countries studied. Those laws and policies have typically embraced the international law. Yet, when tracing their lineage, the Convention’s effects are seen to be largely indirect to those domestic legal reforms. At the same time, the research identifies a significant non-legal impact of the Convention, which, regardless of the particular norms of the treaty or domestic incorporation thereof, profoundly affects the social fabric of Australia and Mongolia. The thesis argues that such an outcome emanates essentially from the symbolic or political power of the treaty, and describes the subtle ways in which the Disabilities Convention functions as a social symbol in the two domestic contexts.
dc.language.isoen
dc.subjectdomestic impacts of international human rights treaties
dc.subjectUN Convention on the Rights of Persons with Disabilities
dc.subjectAustralia
dc.subjectMongolia
dc.titleTranscending Human Rights Instrumentalism
dc.typeThesis (PhD)
local.contributor.supervisorCharlesworth, Hilary
local.contributor.supervisorcontacth.charlesworth@unimelb.edu.au
dcterms.valid2018
local.description.notesthe author deposited 23/05/18
local.type.degreeDoctor of Philosophy (PhD)
dc.date.issued2017
local.contributor.affiliationCentre for International Governance and Justice, School of Regulation and Global Governance (REGNET), College of Asia and the Pacific, The Australian National University
local.identifier.doi10.25911/5d6515f394991
local.mintdoimint
CollectionsOpen Access Theses

Download

File Description SizeFormat Image
NarantuyaGanbat_Thesis_2017.pdf2.99 MBAdobe PDFThumbnail


Items in Open Research are protected by copyright, with all rights reserved, unless otherwise indicated.

Updated:  22 January 2019/ Responsible Officer:  University Librarian/ Page Contact:  Library Systems & Web Coordinator