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Daniel W. Hill, Jr.
The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.
Nazli Choucri and Gaurav Agarwal
The term lateral pressure refers to any tendency (or propensity) of states, firms, and other entities to expand their activities and exert influence and control beyond their established boundaries, whether for economic, political, military, scientific, religious, or other purposes. Framed by Robert C. North and Nazli Choucri, the theory addresses the sources and consequences of such a tendency. This chapter presents the core features—assumptions, logic, core variables, and dynamics—and summarizes the quantitative work undertaken to date. Some aspects of the theory analysis are more readily quantifiable than others. Some are consistent with conventional theory in international relations. Others are based on insights and evidence from other areas of knowledge, thus departing from tradition in potentially significant ways.
Initially applied to the causes of war, the theory focuses on the question of: Who does what, when, how, and with what consequences? The causal logic in lateral pressure theory runs from the internal drivers (i.e., the master variables that shape the profiles of states) through the intervening variables (i.e., aggregated and articulated demands given prevailing capabilities), and the outcomes often generate added complexities. To the extent that states expand their activities outside territorial boundaries, driven by a wide range of capabilities and motivations, they are likely to encounter other states similarly engaged. The intersection among spheres of influence is the first step in complex dynamics that lead to hostilities, escalation, and eventually conflict and violence.
The quantitative analysis of lateral pressure theory consists of six distinct phases. The first phase began with a large-scale, cross-national, multiple equation econometric investigation of the 45 years leading to World War I, followed by a system of simultaneous equations representing conflict dynamics among competing powers in the post–World War II era. The second phase is a detailed econometric analysis of Japan over the span of more than a century and two World Wars. The third phase of lateral pressure involves system dynamics modeling of growth and expansion of states from 1970s to the end of the 20th century and explores the use of fuzzy logic in this process. The fourth phase focuses on the state-based sources of anthropogenic greenhouse gases to endogenize the natural environment in the study of international relations. The fifth phase presents a detailed ontology of the driving variables shaping lateral pressure and their critical constituents in order to (a) frame their interconnections, (b) capture knowledge on sustainable development, (c) create knowledge management methods for the search, retrieval, and use of knowledge on sustainable development and (d) examine the use of visualization techniques for knowledge display and analysis. The sixth, and most recent, phase of lateral pressure theory and empirical analysis examines the new realities created by the construction of cyberspace and interactions with the traditional international order.
The explanation of the variations in war and peace patterns across different regions, and transitions between war and peace in the same region, is based on the introduction of the state-to-nation imbalance in a certain region—this imbalance is a key substantive underlying cause of regional war propensity. Variations in this cause account for some of the major differences in the level of war and peace among different regions. Different strategies of addressing this problem (based on global or regional/domestic factors) then produce different types and levels of regional peace. The relative influence of global versus regional/domestic factors on regional war and peace is notably addressed. The study distinguishes between “hot” and “cold” (i.e., more or less intense) types of regional war and peace, and argues that global factors (i.e., the involvement of external powers) may at most bring about the less intense cold phenomena (“cold” war and “cold” peace), whereas the more demanding hot outcomes that constitute the two extremes of the regional war-peace continuum (“hot” war and “warm” peace) depend on domestic/regional causes. The key domestic/regional factors are the level of state capacity and of national congruence (both internal and external) in the region. Each of the regional outcomes is related to the combination of independent variables affecting it. This should make it possible to examine the proposed integrated effects of the state-to-nation balance and the international system on regional war and peace.
Lars Brozus and Hanns W. Maull
Foreign policy think tanks originated in the context of the Industrial Revolution and world wars in Western industrialized countries and then spread to all parts of the globe. In the process their national orientations toward governments and their attentive national public audiences have evolved toward a global perspective. As a consequence, they also have been drawn into, and have contributed to, the debate about the future of the Western-dominated international order.
What exactly makes a think tank remains contested, but there is broad agreement on the variety of functions they fulfill. They bring knowledge to power, but power also uses them to advance its political agenda. As the idealistic notion of expert knowledge as a solution to political problems has fallen by the wayside and advocacy think tanks have flourished, the interaction of think tanks with governments, the media, and the public has become politicized. In liberal-democratic countries, there is a growing trend toward competitive knowledge production by think tanks, whereas in authoritarian systems, think tanks are increasingly being used as instruments of state-controlled public diplomacy. Ultimately, think tanks have to bridge the tension between the needs of decision-makers, on the one hand, and the standards of scientific inquiry and orientation toward the common good, on the other hand. This tension cannot be resolved, but it can be made productive. For this, a strong emphasis on professional integrity will be essential.
Richard J. Stoll
Arms races are important phenomenon They can involve the commitment of vast amounts of resources that might otherwise be used to help societies. And arms races can be a cause of war, although there is a debate on how this happens. With the arrival of the behavioral revolution in international relations, the number of quantitative studies of arms races exploded. But with the end of the Cold War, interest in studying arms races declined sharply. This is unfortunate because it is fair to say that most of the important questions involving arms races were not resolved in the empirical work that was done during the period of the Cold War.
Rose McDermott and Christian Davenport
The current practice of conceiving and examining international relations within the dogma of the existing dominant paradigm in international relations unnecessarily truncates our understanding of how historical factors influence current events and restricts our ability to generate flexible and creative hypotheses to predict, and perhaps more successfully intervene in, future events. In many ways, these constraints result, at least in part, from the temporal, strategic, and behavioral isolation embedded in these models, which limit our ability to understand, integrate, and address how states deal with one another comprehensively. Substantial theoretical and empirical purchase can be gained through the application of an integrated explanatory rubric of evolutionary modeling, invoking the central concepts of variation, selection, and retention. Models derived from evolutionary psychology, applied not only to human cognitive architecture, but also to the interaction of these psychological dynamics with environmental factors including institutions, provides a richly generative framework from which to derive meaningful and novel hypotheses about politics in general and international relations in particular. It also allows for a progressive and cumulative research agenda that can build a more comprehensive and descriptively accurate foundation for understanding the nature of interaction between people and societies as well as between states themselves. Such an approach provides a useful framework for understanding the dynamic and interactive nature of international relations, sheds light on existing limitations as well as empirical findings, and facilitates insight into areas not yet explored.
Kerry A. Chase
Government policies to protect and promote national culture are a perennial issue in the trading system. Controversy over trade and culture, in almost every instance, swirls around entertainment media—mainly movies, television, video, and music. The object of contention is that many states employ an assortment of financial, trade, and regulatory measures to subsidize locally produced entertainment, restrict imports, and favor national content over foreign content. Such measures often impede trade, pitting commercial interests in open markets and free choice against calls for state action to mitigate trade’s social repercussions.
Differing perspectives on the motives behind these policies typify disputes over trade and culture. In one view, state regulation of entertainment media is cultural policy, an essential means of preserving a nation’s identity, culture, and way of life. From another vantage point, these policies are backdoor protectionism, a handout to local business and labor under the guise of cultural preservation. The problem of trade and culture therefore raises basic questions about politics: Why do states subsidize production and restrict imports? What drives political demands for trade protection and government aid? How can variation in policy responses be understood?
In the World Trade Organization (WTO), disputes over trade and culture center on two related issues. The first is inclusion of a “cultural exception” in trade rules to green-light, on cultural grounds, state actions that interfere with trade in entertainment media. Although there is no cultural exception in the WTO, pressure to accommodate the “specificity” of entertainment media as a cultural phenomenon has complicated trade negotiations and at times required give and take to placate the opposing sides. The second issue is policy liberalization in entertainment media, which has lagged behind market opening in many other goods and services. Deadlock over trade and culture has inspired some WTO members to explore other options: the European Union (EU) and Canada spearheaded the push for a Convention on Cultural Diversity, and the United States has pursued policy liberalization in a series of free trade agreements. Important political questions again crop up: Why has culture stalemated the WTO, and why haven’t trade linkages like those for health safety standards been institutionalized for trade and culture? Why do international political alignments on this problem form as they do? What explains the design of trade rules for entertainment media, and what is the trade regime’s impact on state policy? The age-old conflict over trade and culture continues to play out and shows no signs of abating.
Although unionized workers have rarely represented more than a small minority of the population anywhere in sub-Saharan Africa, trade unions have played, and continue to play, a significant political role. Trade unions still occupy strategic choke points in many African economies, particularly around transport infrastructure, and retain a spatially concentrated organizational base as well as a degree of symbolic power drawn from participation in struggles against colonialism, apartheid, and authoritarianism. Three persistent dilemmas have strongly shaped the role of African trade unions and driven much of the academic debate about them. First are debates about the relationships between trade unions and political parties. These date to the often-fraught relationships between unions and anti-colonial movements in the last years of colonial rule. Pitched struggles, both within trade unions and between unions and governing parties, were often fought in the decade after the end of formal colonization over the degree of autonomy that unions should have from governing parties. These were often resolved through the widespread repression of politically independent unionism in the 1970s. This relationship, however, became untenable under processes of structural adjustment, and unions have often played a significant role in protests against neoliberal reforms, which have spurred widespread political transformation. Second are debates about the relationships of trade unions to non-unionized workers, especially the unemployed or the “informal” sector. Critics on both left and right have long pointed to the relatively privileged position of trade unions. This has consistently been invoked by governments seeking to justify the limited political role of trade unions as well as policies for wage restraint, state retrenchment, or currency devaluation that have negatively affected organized labor. However, given the increasingly widespread nature of informality and unemployment in contemporary Africa, trade unions have begun to make tentative steps toward organizing informal and unemployed workers in some cases. Finally, the relationships of African unions to the international labor movement and to international organizations have often been important. African unions have frequently drawn on links to international trade unions, regional institutions, or the International Labour Organization (ILO) as a way of compensating for domestic weaknesses. These strategies, however, have often engendered significant conflicts around the differing objectives of African and metropolitan actors, between African unions over access to international resources, and concerning “imperialism” by American and European unions.
The links between unions and political parties have been present throughout much of the 20th century and early 21st century in most Latin American countries. Since these links were historically one of the most important resources of union power, by compensating the structural weakness of wage-workers in the labor market, their weakening in the framework of economic transformations and ideological turns generates a greater concern on the future of trade unions. In this context, there has been an increased urgency to reconsider old political identities and construct other resources for power, such as alliances with social movements and international solidarity.
The new bonds forged under democratic regimes or during the transition processes were more flexible, informal and with greater autonomy between partnerships than the old ones that resulted from the initial incorporation of workers in the political arena under authoritarian regimes. Consequently, in those cases greater opportunities can be opened to democratize and revitalize unions through the construction of new sources of power.
Ari Sitas and Bianca Tame
This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Politics. Please check back later for the full article.
South African trade unions had a decisive role in the political life of the territory that became the Union of South Africa and later the Republic of South Africa. Such a role was both formative and reactive; since their inception in the 1880s, trade unions attempted to shape the body politic, its legislation, its inclusions and exclusions, its bill of rights, and a whole range of social rights. They had a formative role to play in the construction and destruction of the country’s racial order. They also reacted to policy and law in all periods, creating serious challenges that continue well into the Post-Apartheid period.
Most African countries are characterized by parallel institutions, one representing the formal laws of the state and the other representing the traditional institutions that are adhered to more commonly in rural areas. The parallel institutional systems often complement each other in the continent’s contemporary governance. Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. Why the traditional systems endure, how the institutional dichotomy impacts the process of building democratic governance, and how the problems of institutional incoherence might be mitigated are issues that have not yet received adequate attention in African studies. The evidence suggests that traditional institutions have continued to metamorphose under the postcolonial state, as Africa’s socioeconomic systems continue to evolve. Despite such changes, these institutions are referred to as traditional not because they continue to exist in an unadulterated form as they did in Africa’s precolonial past but because they are largely born of the precolonial political systems and are adhered to principally, although not exclusively, by the population in the traditional (subsistent) sectors of the economy. Subsequent to the colonial experience, traditional institutions may be considered to be informal institutions in the sense that they are often not sanctioned by the state. However, they are not merely customs and norms; rather they are systems of governance, which were formal in precolonial times and continue to exist in a semiformal manner in some countries and in an informal manner in others. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. In general, decentralized political systems, which are often elder-based with group leadership, have received little attention, even though these systems are widespread and have the institutions of judicial systems and mechanisms of conflict resolution and allocation of resources, like the institutions of the centralized systems. Careful analysis suggests that African traditional institutions lie in a continuum between the highly decentralized to the centralized systems and they all have resource allocation practices, conflict resolution, judicial systems, and decision-making practices, which are distinct from those of the state.
Traditional leaders have a significant role in the social, political, and economic lives of citizens in countries throughout Africa. They are defined as local elites who derive legitimacy from custom, tradition, and spirituality. While their claims to authority are local, traditional leaders, or “chiefs,” are also integrated into the modern state in a variety of ways. The position of traditional leaders between state and local communities allows them to function as development intermediaries. They do so by influencing the distribution of national public goods and the representation of citizen demands to the state. Further, traditional leaders can impact development by coordinating local collective action, adjudicating conflicts, and overseeing land rights. In the role of development intermediaries, traditional leaders shape who benefits from different types of development outcomes within the local and national community. Identifying the positive and negative developmental impacts of traditional leaders requires attention to the different implications of their roles as lobbyists, local governments, political patrons, and land authorities.
David P. Dolowitz
While a phenomena dating back to antiquity, it wasn’t until the 1960s that American and European social scientists began seriously discussing occurrences in which it appeared as if localities, states and nations in close proximity were adopting similar policies and programs. These early diffusion studies led to a new field that has variously been referred to under titles such as policy transfer, lesson drawing, policy translations, and policy mobility. While having different focuses and agendas, all of these studies attempt to address issues associated with the movement (or active rejection of a possible movement) of ideas, information, policies, and programs from one political system to another.
While all transfer studies have helped focus social scientists’ attention on the processes and actors involved in the transfer of ideas, techniques, policies, information, and programs, a better link to the knowledge utilization and learning literatures would help advance the usefulness of transfer studies. At a minimum, by considering the insights from the learning and utilization literatures, social scientists should begin understanding some of the outlook changes that individuals involved in transfer undertake that impact individual and institutional long-term understanding of the process and results. It will also start to help opening up the policymaking process to further scrutiny, particularly in relation to where information is flowing and how it is being used as a policy develops and changes.
Nicole M. Elias
Our understanding and treatment of gender in the United States has evolved significantly over the past four decades. Transgender individuals in the current U.S. context enjoy more rights and protections than they have in the past; yet, room for progress remains. Moving beyond the traditional male–female binary, an unprecedented number of people now identify as transgender and nonbinary. Transgender identities are at the forefront of gender policy, prompting responses from public agencies at the local, state, and federal levels. Because transgender individuals face increased rates of discrimination, violence, and physical and mental health challenges, compared to their cisgender counterparts, new gender policy often affords legal protections as well as identity-affirming practices such as legal name and gender marker changes on government documents. These rights come from legal decisions, legislation, and administrative agency policies. Despite these victories, recent government action targeting the transgender population threatens the progress that has been made. This underscores the importance of comprehensive policies and education about transgender identities to protect the rights of transgender people.
Anthony J. Nownes
Although the Trump Administration has been decidedly unfriendly to transgender Americans, there is no question that transgender people have made substantial policy, political, and societal gains in recent years. These gains are the result partially of the activities of political organizations that advocate on behalf of transgender Americans. As of 2019, there were approximately 20 nationally active transgender rights interest groups in the United States, including several relatively well-resourced professional organizations. There are also dozens of active state, local, and regional transgender rights organizations.
What have we learned about transgender rights interest groups? First, transgender rights organizing began in the mid-1960s but did not really get off the ground until the mid-1990s. Second, there are probably more transgender rights interest groups operating in the United States today than there ever have been. Third, as the number of stand-alone transgender rights groups has grown, so has the number of broad-based LGB groups who have “added the T,” that is, added advocacy for transgender rights to their missions. Although the scholarly literature on transgender rights interest groups is severely limited, a number of sources, including primary source materials available through transgender and LGBT archives, historical treatments of transgender politics, and the writings and works of transgender activists, shed light on the history and activities of these groups.
The situation of trans rights in Latin America varies greatly by country and region despite a binding 2017 opinion from the Inter-American Court of Human Rights (IACHR) clarifying member states’ obligations to guarantee trans rights. While countries in the Southern Cone and Northern Andes have recently made great strides in protecting and supporting their trans citizens, Central America, the Caribbean, and several countries in South America continue to offer little or no legal support for trans rights. Some countries, such as Argentina, Chile, Colombia, Ecuador, and Uruguay, have passed Gender Identity Laws that provide trans people with the ability to rectify their documents to reflect their names and gender identities. The current state of trans-specific policy in the region is explored by first framing it through an overview of the relevant parts of the IACHR ruling and then presenting the case for the depathologization of trans identities, one of the movement’s most pressing goals. Crucial to this discussion is the next section, which presents the current rights and limitations in trans-specific healthcare in the region. A discussion of the importance of gender identity as a basic human right, recognized in the IACHR ruling, follows, continuing on to an analysis of the place of children, adolescents, and their parents in relation to this right. Relatedly, the next section explores the prevalence and force of anti-discrimination laws in the region, which vary greatly in their specific protection of trans people. Finally, we attempt to look forward to what may be next in the fight for trans rights in the region, exemplifying cases such as that of Uruguay, which has recently begun to debate trans-specific reparations, and Argentina, which has begun to debate dedicated employment slots for trans people.
Cyanne E. Loyle
Armed conflict is ultimately about the violent confrontation between two or more groups; however, there is a range of behaviors, both violent and nonviolent, pursued by governments and rebel groups while conflict is ongoing that impacts the course and outcomes of that violence. The use of judicial or quasi-judicial institutions during armed conflict is one such behavior. While there is a well-developed body of literature that examines the conditions under which governments engage with the legacies of violence following armed conflict, we know comparatively little about these same institutions used while conflict is ongoing.
Similar to the use of transitional justice following armed conflict or post-conflict justice, during-conflict transitional justice (DCJ) refers to “a judicial or quasi-judicial process initiated during an armed conflict that attempts to address wrongdoings that have taken or are taking place as part of that conflict” (according to Loyle and Binningsbø). DCJ includes a variety of institutional forms pursued by both governments and rebel groups such as human rights trials, truth commissions or commissions of inquiry, amnesty offers, reparations, purges, or exiles.
As our current understanding of transitional justice has focused exclusively on these processes following a political transition or the termination of an armed conflict, we have a limited understanding of how and why these processes are used during conflict. Extant work has assumed, either implicitly or explicitly, that transitional justice is offered and put in place once violence has ended, but this is not the case. New data on this topic from the During-Conflict Justice dataset by Loyle and Binningsbø suggests that the use of transitional justice during conflict is a widespread and systematic policy across multiple actor groups. In 2017, Loyle and Binningsbø found that DCJ processes were used during over 60% of armed conflicts from 1946 through 2011; and of these processes 10% were put in place by rebel groups (i.e., the group challenging the government rather than the government in power).
Three main questions arise from this new finding: Under what conditions are justice processes implemented during conflict, why are these processes put in place, and what is the likely effect of their implementation on the conflict itself? Answering these questions has important implications for understanding patterns of government and rebel behavior while conflict is ongoing and the impacts of those behaviors. Furthermore, this work helps us to broaden our understanding of the use of judicial and quasi-judicial processes to those periods where no power shift has taken place.
Marisa von Bülow
Latin American transnational social movements (TSMs) are key actors in debates about the future of global governance. Since the 1990s, they have played an important role in creating new organizational fora to bring together civil society actors from around the globe. In spite of this relevance, the literature on social movements from the region focuses primarily—and often exclusively—on the domestic arena. Nevertheless, there is an increasingly influential body of scholarship from the region, which has contributed to relevant theoretical debates on how actors overcome collective action problems in constructing transnational social movements and how they articulate mobilization efforts at the local, national and international scales. The use of new digital technologies has further blurred the distinction among scales of activism. It has become harder to tell where interpretative frames originate, to trace diffusion paths across national borders, and to determine the boundaries of movements. At the same time, there are important gaps in the literature, chief among them the study of right-wing transnational networks.
Cyril Alias, Bernd Kleinheyer, and Carla Fieber-Alias
In an integrated European Union, transport would be expected to be a major enabler of economic development and consumer services. This role, however, was not acknowledged, though laid down in initial treaties, until 30 years into the EU’s existence. A verdict of the European Court of Justice condemning the longstanding inactivity of the European Council and subsequent efforts toward a dedicated policymaking have changed the significance. The regular definition and monitoring of goals and objectives in European transport policy by means of White Papers and trans-European transport networks guide public attention to the policy area. From an initial stage, when transport was considered as a functional enabler for cooperation after World War II, transport has evolved toward a Community task, featuring a long phase of stagnation and a sudden change to actionism after the court verdict. From the 1990s onward, goals like liberalization, cohesion, environmental protection, modal shift, competitiveness, globalization, and resource efficiency characterize European transport policy. Despite the output failure in European transport policy over many years, the Single European Market propelled transport onto the center stage of European policies and later made it a key object of sustainability policies. This change in focus has also attracted citizens’ attention with the effect that the EU needs and manages to portray itself as an interactive and accountable legislator dialoguing with its population. This new openness is a mere necessity if the EU wants to pursue its goal of a Single European Transport Area that is both supported by its business and citizens. At the same time, European transport policy is subject to numerous external influences—both by other European and national policies and different stakeholder interest groups. The ordinary legislative procedure is preceded by the initial agenda setting over the proposal planning and issuing and ranges from the proposal to three readings before being passed by European Parliament and Council of Ministers. The stakeholders accompany the whole process and influence it at different stages. Several examples from the history of European transport policymaking are proof of this.
Kiran Klaus Patel
Together with the Treaty of Paris (1951), which established the European Coal and Steel Community (ECSC), the two Treaties of Rome (1957) were the founding treaties of today’s European Union. Of the two Rome treaties, the more influential proved to be that which created the European Economic Community (EEC), although many contemporaries expected the European Atomic Energy Community (Euratom) to acquire that role. As during all major treaty negotiations in the history of European integration, there were divisions of opinion among the six ECSC member states (Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands) along and within national lines. In the end, however, their governments were able to agree on a complex package deal with various components. To reach this result, the work of two preparatory bodies, the so-called Spaak Committee and an intergovernmental conference set up by the foreign ministers of the six ECSC states, proved crucial. In addition, transnational actors and networks had a considerable impact on the Treaties.
The ultimate treaty texts reflected this trajectory of negotiations and the wider political context of the time. The Treaties of Rome were less supranational than the Treaty of Paris, and the three resultant communities were characterized by their hybrid nature: until the Merger Treaty of 1967, they shared some common institutions, such as the Parliamentary Assembly and the Court of Justice, while they had three independent executive bodies. Euratom, which focused on cooperation in the sphere of nuclear power, soon experienced institutional crises, and the same holds true for the ECSC. The EEC, in contrast, possessed greater powers and unleashed more significant dynamics and thus became the core of European integration.
On the basis of the Treaties of Rome, the European Communities incrementally turned into the foremost forum of international cooperation and integration in (Western) Europe. That, however, was quite unclear in 1957, as reflected in opinion polls at the time. Moreover, there were important contenders for this role. By the end of the Cold War, the EC had outpaced them all, for three main reasons: its focus on market integration, its greater legal integration in comparison to organizations such as the Organisation for Economic Co-operation and Development (OECD) and the Council of Europe and, finally, its financial resources. In sum, one needs to know about the Treaties of Rome and the integration dynamics they unleashed in order to understand the enormous importance that today’s EU has acquired.