Release on 2013-09-11 | by Ryan Goodman,Derek Jinks
Promoting Human Rights through International Law
Author: Ryan Goodman,Derek Jinks
Pubpsher: Oxford University Press
Category: Political Science
The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,
How do emerging states become full, functioning members of the international system? In this book, Cameron G. Thies argues that new and emerging states are subject to socialization efforts by current member states, which guide them in locating their position in the international system. Thies develops a theoretical approach to understanding how states socialize each other into and out of different roles in the international system, such as regional power, ally, and peacekeeper. The concept of state socialization is developed using role theory, a middle-range theory developed in the interdisciplinary field of social psychology. This middle-range theory helps to flesh out the theoretical mechanisms often missing in grand theories like neorealism and constructivism. The result is a structural theory of international politics that also allows for the explanation of actual foreign policy behavior by states. The foreign policy histories of the U.S. and Israel are analyzed using this theoretical approach to show how international social pressure has affected the kinds of roles they have adopted throughout their histories, as well as the kinds of roles that they have not been allowed to adopt. By considering the effects of international socialization attempts on their foreign policy behavior, Thies shows the well-known cases of the U.S. and Israel in a new light. The United States, Israel, and the Search for International Order argues that the process by which states learn their appropriate roles and behaviors in the international social order is crucial to understanding international conflict and cooperation, which will be significant for those studying both theory and method in international relations, foreign policy, and diplomatic history.
Norms, Environmental Regions and Transboundary Cooperation in the Orange-Senqu and Nile Rivers
Author: Inga M. Jacobs
Pubpsher: Bloomsbury Publishing USA
Category: Political Science
Water resources and related issues are of great significance in 21st century politics. In Africa, for example, hydropolitics affect politics and policymaking at the local, national, and international levels. To investigate water politics, this unique work focuses on the issue transboundary water governance in Southern and Eastern Africa. Based on extensive field research, it offers a comparative study of the Orange Senqu and Nile basins in Africa, arguing that both causal and behavioral factors (such as localization and trust building) drive the multi-leveled development of cooperative management norms and foster the creation of regional communities of interest. The book combines theory, analysis, and fieldwork within the framework of Constructivism as well as a wide range of examples to identify and analyze the nature of norms in hydropolitics. By doing so, it will help shape the debate on how water conflict and cooperative governance should evolve and will interest anyone studying African politics, hydropolitics, and issues of development.
How Health, Family, and Employment Laws Spread Across Countries
Author: Katerina Linos
Pubpsher: Oxford University Press
This book argues that laws spread around the world not through elite networks of technocrats, but through domestic democracy. It combines public opinion experiments, election campaign data, legislative debates, and policy adoption patterns to document how international models generated domestic support for health, family, and employment law reforms across rich democracies.
The Handbook is divided into four sections which examine, in turn: the emergence, evolution, and forms of security governance, as well as the theoretical orientations that have so far dominated the literature (networks, multilateralism, regimes, and sy
Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.
Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
The State of European Integration provides scholars, practitioners, experts and students with a comprehensive account of the state of the European Union today. With contributions from leading scholars including Richard G. Whitman, Meltem Müftüler-Baç, Gülnur Aybet, Leila Simona Talani and Gareth Dale, the book examines the EU in a theoretically informed and empirically grounded manner. Opening with an exploration into the nature of the European Union as an international actor, it then assesses the impact of enlargement on institutions, policies and identity. The contributors investigate issues related to the degree of convergence and cohesion among members, and analyze the economic and monetary state of integration. The volume comes at a timely interval when there is a need to understand the present and future of the European Union.