Appendix B:
In this paper, you will draw on class concepts and arguments to investigate how the treaty is designed to be enforced and to assess its likelihood for success. Additionally, you will identify one major defect of the treaty and propose a solution to improving it.
Find at least one academic article or book that analyzes the effectiveness of the treaty in a specific case and discuss its findings in light of the treatys enforcement mechanisms.
Specifically, please answer the following questions:
What specific obligations does the treaty impose on member states? In other words, what specifically does the treaty require state parties to do or not to do? Where are these in the treaty (articles)? Do not just list or quote the treatys obligations, but explain what they mean for governments behavior.
How is the treaty designed to be enforced? In other words, identify all the specific enforcement mechanisms built into the treaty and explain how are they supposed to work.
Based on other cases youve read about in class, under what conditions are the mechanisms in your treaty likely to be effective and why? What kinds of conditions will make the successful enforcement of the treaty more likely and why? What have you learned from other cases in class readings that help you understand if and when the enforcement mechanisms in your treaty are more likely to be effective and why? What is it about how the enforcement mechanisms are designed that will make effectiveness more or less likely than in other cases we have looked at? You are not being asked to assess the actual record of the treaty, only to speculate about its effectiveness based on what you have learned about the operation of international law in other cases. You must compare your treaty to class readings to support your points. Make sure you consider the specific issues entailed by your treaty and what their implications may be for a comparison to other cases and the conditions for successful enforcement.
Give an overview of one particular case or instance in which there was an attempt to enforce the treaty, whether successfully or unsuccessfully (or both). What is it about either how the treatys enforcement mechanisms are designed or the particular political, social, economic, or legal circumstances around the case that explains why this instance of enforcement was successful or unsuccessful (or a little of both)? You will need to conduct research to identify and describe a case, but your answers to the questions should be your own ideas, not someone elses.
FOR GRADUATE STUDENTS ONLY (if you are an undergraduate student you do not need to answer this question): What theory (realism, constructivism, neo-liberal institutionalism, other) best explains the origins of the treaty, the content of the treaty, and its effectiveness (compliance)?
Identify and discuss one major defect of the treaty. Use class readings to explain why this is a defect and what its consequences are. Be very specific.
Discuss what may explain why this defect exists. For example, what kinds of states may benefit from it? What compromise might have been made?
Propose a change to the treaty that addresses this problem. How does your proposal address the defect? Use class readings to support your argument for why this improvement would work. Be very specific.
