Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.
For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.
Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.
In recent years human rights have assumed a central position in the discourse surrounding international development, while human rights agencies have begun to more systematically address economic and social rights. This edited volume brings together distinguished scholars to explore the merging of human rights and development agendas at local, national and international levels. They examine how this merging affects organisational change, operational change and the role of relevant actors in bringing about change. With a focus on practice and policy rather than pure theory, the volume also addresses broader questions such as what human rights and development can learn from one another, and whether the connections between the two fields are increasing or declining. The book is structured in three sections: Part I looks at approaches that combine human rights and development, including chapters on drivers of change; indicators; donor; and legal empowerment of the poor. Part II focuses on organisational contexts and includes chapters on the UN at the country level; EU development cooperation; PLAN’s children’s rights-based approach; and ActionAid’s human rights-based approach. Part III examines country contexts, including chapters on the ILO in various settings; the Congo; Ethiopia; and South Africa. Human Rights and Development in the new Millennium: Towards a Theory of Change will be of strong interest to students and scholars of human rights, development studies, political science and economics.
How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.
Author: J. Timmons Roberts,Amy Bellone Hite,Nitsan Chorev
Publisher: John Wiley & Sons
Category: Political Science
This revised and updated second edition of The Globalizationand Development Reader builds on the considerable success of afirst edition that has been used around the world. It combinesselected readings and editorial material to provide a coherent textwith global coverage, reflecting new theoretical and empiricaldevelopments. Main text and core reference for students and professionalsstudying the processes of social change and development in“third world” countries. Carefully excerpted materialsfacilitate the understanding of classic and contemporarywritings Second edition includes 33 essential readings, including 21 newselections New pieces cover the impact of the recession in the globalNorth, global inequality and uneven development, gender,international migration, the role of cities, agriculture and on thegovernance of pharmaceuticals and climate change politics Increased coverage of China and India help to provide genuinelyglobal coverage, and for a student readership the materials havebeen subject to a higher degree of editing in the new edition Includes a general introduction to the field, and short,insightful section introductions to each reading New readings include selections by Alexander Gershenkron, AliceAmsden, Amartya Sen, Anne-Marie Slaughter, Cecile Jackson, DaniRodrik, David Harvey, Greta Krippner, Kathryn Sikkink, LeslieSklair, Margaret E. Keck, Michael Burawoy, Nitsan Chorev, OscarLewis, Patrick Bond, Peter Evans, Philip McMichael, Pranab Bardhan,Ruth Pearson, Sarah Babb, Saskia Sassen, and Steve Radelet
Amnesty International and Changing Human Rights Norms
Author: Ann Marie Clark
Publisher: Princeton University Press
Category: Political Science
A small group founded Amnesty International in 1961 to translate human rights principles into action. Diplomacy of Conscience provides a rich account of how the organization pioneered a combination of popular pressure and expert knowledge to advance global human rights. To an extent unmatched by predecessors and copied by successors, Amnesty International has employed worldwide publicity campaigns based on fact-finding and moral pressure to urge governments to improve human rights practices. Less well known is Amnesty International's significant impact on international law. It has helped forge the international community's repertoire of official responses to the most severe human rights violations, supplementing moral concern with expertise and conceptual vision. Diplomacy of Conscience traces Amnesty International's efforts to strengthen both popular human rights awareness and international law against torture, disappearances, and political killings. Drawing on primary interviews and archival research, Ann Marie Clark posits that Amnesty International's strenuously cultivated objectivity gave the group political independence and allowed it to be critical of all governments violating human rights. Its capacity to investigate abuses and interpret them according to international standards helped it foster consistency and coherence in new human rights law. Generalizing from this study, Clark builds a theory of the autonomous role of nongovernmental actors in the emergence of international norms pitting moral imperatives against state sovereignty. Her work is of substantial historical and theoretical relevance to those interested in how norms take shape in international society, as well as anyone studying the increasing visibility of nongovernmental organizations on the international scene.
In recent decades, claims have increasingly been made on transnational corporations to take responsibility for the promotion and protection of human and labour rights in countries where they operate. This behavioural obligation results from the persistent advocacy of non-governmental organizations and is commonly known as corporate social responsibility (CSR). Driven by the theory of the 'norm life cycle model', the book uses an interesting range of case studies, including Nike and the anti-apartheid movement, to trace the development of CSR as an international norm. The development is examined through five selected non-governmental organizations: Clean Clothes Campaign, Fairtrade Labelling Organizations International, Global Exchange, International Business Leaders Forum and the International Labor Rights Fund. The book makes a lucid contribution to an emerging scholarship, and will interest researchers and practitioners involved in issues of global governance and global civil society.
A significant amount of International Relations scholarship focuses on the role of international norms in world politics. This work focuses mainly on how these norms emerge and governments sign and ratify them. Yet, it tells us very little about the conditions under which these norms actually make any difference to people's lives. In order to address this analytical gap, the book develops an original conceptual framework for understanding the neglected role ofimplementation in world politics. It applies this framework to explain variation in the impact of a range of people-centred norms relating to humanitarianism, human rights, and development.
Author: Sara E. Davies,Adam Kamradt-Scott,Simon Rushton
Publisher: JHU Press
In the age of air travel and globalized trade, pathogens that once took months or even years to spread beyond their regions of origin can now circumnavigate the globe in a matter of hours. Amid growing concerns about such epidemics as Ebola, SARS, MERS, and H1N1, disease diplomacy has emerged as a key foreign and security policy concern as countries work to collectively strengthen the global systems of disease surveillance and control. The revision of the International Health Regulations (IHR), eventually adopted by the World Health Organization’s member states in 2005, was the foremost manifestation of this novel diplomacy. The new regulations heralded a profound shift in international norms surrounding global health security, significantly expanding what is expected of states in the face of public health emergencies and requiring them to improve their capacity to detect and contain outbreaks. Drawing on Martha Finnemore and Kathryn Sikkink’s "norm life cycle" framework and based on extensive documentary analysis and key informant interviews, Disease Diplomacy traces the emergence of these new norms of global health security, the extent to which they have been internalized by states, and the political and technical constraints governments confront in attempting to comply with their new international obligations. The authors also examine in detail the background, drafting, adoption, and implementation of the IHR while arguing that the very existence of these regulations reveals an important new understanding: that infectious disease outbreaks and their management are critical to national and international security. The book will be of great interest to academic researchers, postgraduate students, and advanced undergraduates in the fields of global public health, international relations, and public policy, as well as health professionals, diplomats, and practitioners with a professional interest in global health security.
International Actors and the Politics of Electoral Misconduct
Author: Daniela Donno
Publisher: Oxford University Press
Category: Political Science
Electoral misconduct is widespread, but only some countries are punished by international actors for violating democratic norms. Using an original dataset and country case studies, this book explains variation in international norm enforcement.
"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--
In South Korea, the contentious debate over relations with the North transcends traditional considerations of physical and economic security, and political activists play a critical role in shaping the discussion of these issues as they pursue the separate yet connected agendas of democracy, human rights, and unification. Providing international observers with a better understanding of policymakers' management of inter-Korean relations, Danielle L. Chubb traces the development of various policy disputes and perspectives from the 1970s through South Korea's democratic transition. Focusing on four case studies—the 1980 Kwangju uprising, the June 1987 uprising, the move toward democracy in the 1990s, and the decade of "progressive" government that began with the election of Kim Dae Jung in 1997—she tracks activists' complex views on reunification along with the rise and fall of more radical voices encouraging the adoption of a North Korean–style form of socialism. While these specific arguments have dissipated over the years, their vestiges can still be found in recent discussions over how to engage with North Korea and bring security and peace to the peninsula. Extending beyond the South Korean example, this examination shows how the historical trajectory of norms and beliefs can have a significant effect on a state's threat perception and security policy. It also reveals how political activists, in their role as discursive agents, play an important part in the creation of the norms and beliefs directing public debate over a state's approach to the ethical and practical demands of its foreign policy.
Rogue states pursue weapons of mass destruction, support terrorism, violate human rights, engage in acts of territorial aggression, and pose a threat to the international community. Recent debates and policy shifts regarding Iraq, North Korea, Syria, Iran, and Afghanistan reflect the uneven attempts to contend with regimes that pursue deviant behavior. In this timely new work, Miroslav Nincic illuminates the complex issues and policy choices surrounding clashes between international society and states that challenge the majority's espoused interests and values. As conventional approaches to international relations lose their relevance in a changing world, Nincic's work provides new and necessary frameworks and perspectives. Nincic explores recent events and develops theoretical models of contemporary asymmetrical power relations among states to offer a systematic account of the genesis, trajectory, and motivations of renegade regimes. He discusses how the pursuit of policies that defy international norms is often motivated by a regime's desire for greater domestic control. From this starting point, Nincic considers states' deviant behavior through two stages: the first is the initial decision to defy key aspects of the international normative order, and the second is the manner in which subsequent behavior is shaped by the international community's responses. In addressing attempts to control pariah states, Nincic assesses the effectiveness of sanctions and military responses. He provocatively argues that comprehensive economic sanctions can lead to a restructuring of the renegade regime's ideology and economy that ultimately strengthens its grip on power. In his chapter on military intervention, Nincic argues that force or the threat of force against a rogue state frequently triggers a protective reflex among its citizens, inspiring them to rally around the government's goals and values. Military threats, Nincic concludes, produce several kinds of consequences and their impact needs to be better understood.
Contrasting approaches to disasters and emergencies
Author: Fulvio Attina
Category: Political Science
Disaster policies present a new challenge to the practitioners and students of global politics; this book explains how political science enriches the contribution of the social sciences to the study of disaster relief, aid and reconstruction following the major disaster events, both natural and man-made, of recent times.
Through the lens of the Asian Financial Crisis, this book documents how international organizations and national governments crafted legal responses, through corporate bankruptcy reforms, to the fragility of financial markets in East Asia and worldwide.
Author: Stewart Lockie,David A. Sonnenfeld,Dana R. Fisher
The Routledge International Handbook of Social and Environmental Change explores the causes, contradictions and consequences of global social-ecological change, along with the uncertainties and governance dilemmas these create. Case studies are drawn from a variety of sectors across the developed and developing worlds to illustrate the inter-connectedness of ecosystem health, natural resource condition, livelihood security, social justice and development.
For a full list of entries and contributors, sample entries, and more, visit the Routledge International Encyclopedia of Women website. Featuring comprehensive global coverage of women's issues and concerns, from violence and sexuality to feminist theory, the Routledge International Encyclopedia of Women brings the field into the new millennium. In over 900 signed A-Z entries from US and Europe, Asia, the Americas, Oceania, and the Middle East, the women who pioneered the field from its inception collaborate with the new scholars who are shaping the future of women's studies to create the new standard work for anyone who needs information on women-related subjects.