Theoretical challenges to understanding the potential impact of the Universal Periodic Review Mechanism: Revisiting theoretical approaches to state human rights compliance

Abstract

The Universal Periodic Review (UPR) mechanism is the most recent and distinct addition to the UN human rights system because of the level of state control over the mechanism, the inclusivity of the review process and its emphasis on cooperation and dialogue in monitoring human rights implementation of states. Since the start of the third cycle of the UPR in 2017, questions on the efficacy of the UPR mechanism have gained increasing attention among international human rights scholars and practitioners. However, little of the scholarship take a theoretical approach to understanding the potential impact of the UPR mechanism. This article engages with various theoretical approaches to international human rights law to determine alternative theoretical frameworks to understand the potential impact of the UPR mechanism. This article contends that while the theories examined are not mutually exclusive, the theory of acculturation provides the most appropriate theoretical framework to understand the potential impact of the UPR mechanism. This contributes to an appreciation for human rights strategies based on cooperation and how such strategies can be beneficial in realising incremental progress in the human rights implementation of states.