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The Language of Compromise in International Agreements

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  • Linos, Katerina
  • Pegram, Tom

Abstract

To reach agreement, international negotiators often compromise by using flexible language: they make controversial provisions vague, or add options and caveats. Does flexibility in agreement language influence subsequent state behavior? If so, do states follow both firm and flexible language somewhat, as negotiators hope? Or do governments respond strategically, increasing their energies on firmly specified tasks, and reducing their efforts on flexibly specified ones? Testing theories about agreement language is difficult because states often reserve flexible language for controversial provisions. To make causal claims, we study an unusually drafted agreement in which states had almost no opportunity to dilute agreement language. We examine the influence of the 1991 Paris Principles on the Design of National Human Rights Institutions (NHRIs), using an original data set of twenty-two institutional safeguards of NHRIs in 107 countries, and case studies. We find that variations in agreement language can have large effects on state behavior, even when the entire agreement is nonbinding. Both democracies and authoritarian states followed the principles' firm terms closely. However, authoritarian states either ignored or reduced their efforts on flexibly specified tasks. If flexibly specifying a task is no different from omitting it altogether, as our data suggest, the costs of compromise are much greater than previously believed.

Suggested Citation

  • Linos, Katerina & Pegram, Tom, 2016. "The Language of Compromise in International Agreements," International Organization, Cambridge University Press, vol. 70(3), pages 587-621, July.
  • Handle: RePEc:cup:intorg:v:70:y:2016:i:03:p:587-621_00
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    Cited by:

    1. Markus Gastinger & Henning Schmidtke, 2023. "Measuring precision precisely: A dictionary-based measure of imprecision," The Review of International Organizations, Springer, vol. 18(3), pages 553-571, July.
    2. Sara Kahn-Nisser, 2021. "For better or worse: Shaming, faming, and human rights abuse," Journal of Peace Research, Peace Research Institute Oslo, vol. 58(3), pages 479-493, May.
    3. Hamanaka, Shintaro, 2017. "The future impact of TPP's rule-making achievements : the case study of e-commerce," IDE Discussion Papers 675, Institute of Developing Economies, Japan External Trade Organization(JETRO).
    4. Hamanaka, Shintaro, 2017. "Legalization of international economic relations: is Asia unique?," IDE Discussion Papers 681, Institute of Developing Economies, Japan External Trade Organization(JETRO).
    5. Anu Bradford & Adam Chilton & Katerina Linos & Alexander Weaver, 2019. "The Global Dominance of European Competition Law Over American Antitrust Law," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 16(4), pages 731-766, December.

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