1-15 of 15 Results

  • Keywords: International law x
Clear all

Article

From International Law and International Relations to Law and World Politics  

Christopher A. Whytock

Political scientists—primarily in the discipline’s international relations subfield—have long studied international law. After considering how political scientists and legal scholars define international law, this article identifies five stages of political science research on international law, including the current interdisciplinary international law and international relations (IL/IR) stage, and it reviews three trends in political science research that constitute an emerging sixth stage of interdisciplinary scholarship: a law and world politics (L/WP) stage. First, moving beyond the “IL” in IL/IR scholarship, international relations scholars are increasingly studying domestic law and domestic courts—not only their foundational role in supporting international law and international courts but also their direct role in core areas of international relations, including international conflict and foreign policy. Second, moving beyond the “IR” in IL/IR scholarship, political scientists are adapting their research on international law to the broader world politics trend in political science by studying types of law—including extraterritoriality, conflict of laws, private international law, and the law of transnational commercial arbitration—that govern the transnational activity of private actors and can either support or hinder private global governance. Third, moving beyond the domestic-international divide, political scientists are increasingly rejecting “international law exceptionalism,” and beginning to take advantage of theoretical convergence across the domestic, comparative, and international politics subfields to develop a better general understanding law and politics.

Article

International Norm Change  

Wayne Sandholtz

In the first wave of scholarship on international norms, the primary task was to convince a skeptical discipline that norms affect domestic and international outcomes. A second phase of international norms research developed political theories of the emergence and establishment of new international norms. Transnational actor models as well as “legalization” and “rational design” approaches tested propositions on norm creation but did not theorize what happens after norms are created. General norms inevitably collide with the relentless specificity of experience. Actors constantly dispute the meaning and application of norms. The resultant arguments modify the norms being contested, and the modified norms then shape subsequent behavior and disputes. The third wave of international norms research has focused on the inherent dynamism of norms and norm systems. Norms emerge through processes of transnational advocacy and institutional design, but they also evolve through cycles of application and disputation.

Article

Theory and Evidence Regarding the Effectiveness of Human Rights Treaties  

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.

Article

Secession and Recognition in Foreign Policy  

James Ker-Lindsay

There are few questions more interesting and more important for the international community than the issue of how new states are created and accepted into the wider global system through the process of recognition. While there are thousands of ethnic groups around the world, there are just 193 member states of the United Nations. And yet, for many years, the foreign policy aspects of secession and the recognition of seceding territories have received relatively little attention by scholars in the field of politics and international relations. This was largely because the subject was seen to be a marginal interest. Few territories managed to stage a credible attempt at secession. Almost none managed to gain widespread acceptance. However, over the past decade, there has been a significant growth in the attention given to secession and recognition in international relations. This has been particularly apparent since Kosovo’s unilateral declaration of independence from Serbia, in 2008, and because of heightened secessionist tensions in the former Soviet Union. To date, the question of de facto states—territories that are unrecognized or partially recognized—has been at the heart of studies into secession and recognition in the field of politics and international relations. Attention in this area has tended to focus on the nature, structure, and international interaction of unrecognized territories. However, the scope of research is now widening. As well as interest in the historical development of attitudes towards secession and recognition practices, scholars are now looking at the way in which parent states—as the territories they have broken away from are generally known—attempt to prevent de facto states from being recognized or otherwise legitimized by the international community. Meanwhile, increasing attention is also being given to the role of external parties, such as great powers, as well as to the efforts of secessionist territories themselves to find ways to encourage recognition, or at least to participate more widely in the international system. Therefore, while the community of scholars working in the field of secession and recognition is still relatively small, the subject itself is undergoing rapid growth.

Article

Sexual Orientation and Gender Identity in International Institutions  

M. Joel Voss

The human rights of LGBTI persons are being contested across the world—both within states and across regions. Despite decades of incremental change, in many states, LGBTI activists are beginning to rapidly advance their normative agendas, particularly in the context of protection against violence and discrimination. However, consistent backlash and opposition to LGBTI advocacy remains. Notwithstanding decades of silence on LGBTI rights, international institutions are also beginning to rapidly include sexual orientation and gender identity in their work as well. Institutions that consist primarily of independent experts and that focus on narrower human rights issues have been especially active in including sexual orientation and gender identity in their work, either formally or informally. At the same time, largely political institutions have generally lagged behind their counterparts. Scholarship on both sexual orientation and gender identity (SOGI) advocacy and contestation have also lagged behind political and legal developments at international institutions. Although a few works exist, particularly on the UN Human Rights Council, there are numerous other institutions that have been understudied. Further, research on the implementation of international SOGI policies has also been largely absent. SOGI advocacy and contestation continues across nearly every major international institution. Research agendas, either qualitative or quantitative are sorely needed to help better predict and explain the advancement or retreat of SOGI in international institutions and within domestic contexts.

Article

Compliance in International Relations  

Carmela Lutmar and Cristiane L. Carneiro

States’ compliance with international law is a multicausal event, with variables operating at various levels of analysis, such as states’ incentives, regime type, issue area, strategic considerations, psychological perceptions, and level of enforcement. Recent scholarship on compliance with international law in general, and with international agreements in particular, has made great progress in uncovering some of the links between these factors, and in determining under what conditions we are more likely to see greater compliance, in what issue areas, and in explaining these variations.

Article

The Diverging Theory and Practice of International Law  

Leslie Johns

Existing theories of international law are largely state-centric. While international cooperation can benefit all, states are often tempted to violate their promises in order to manage economic and political crises. States must accordingly balance enforcement against flexibility: legal institutions must provide enough enforcement that states comply most of the time yet also provide enough flexibility that states can violate during crises. Such a balance is possible when laws are crafted and enforced by unitary actors that will tolerate occasional violations by others in order to preserve their own right to occasionally violate. However, the changing doctrine of sovereign immunity has dramatically transformed the actual practice of international law. Non-state actors and domestic courts play an increasingly important role in challenging state legal violations, generating a divergence between the theory and practice of contemporary international law. This divergence is apparent in many issue areas, including terrorism, human rights, sovereign debt, and foreign investment. This divergence suggests that political scientists and legal scholars must reconsider the limits of state-centric theories and examine the role of non-state actors and domestic courts.

Article

Europe’s Supranational Courts and LGBT Rights  

M. Joel Voss

Europe has some of the most powerful human rights legal institutions in the world including two supranational human rights courts—the Council of Europe’s European Court of Human Rights and the European Union’s Court of Justice (hereafter, together—the Courts). After decades of relative quiet, the Courts have begun hearing more cases concerning LGBT rights. Judgments of the Courts have advanced some facets of LGBT rights like anti-discrimination in the workplace while disappointing gay-rights advocates in other areas, for example family life and asylum. Scholarship on European courts and LGBT rights is not as developed as scholarship on norm advocacy or policy diffusion within states in Europe. The research that does exist looks at how decisions by the European Court of Human Rights and the European Court of Justice deal with current European law, how the institutions are designed, or how the supranational courts may act as agents of change or status quo institutions in shaping wider European behavior. This lack of newer research on the Courts presents ample opportunity for new avenues of research that examines not only how decisions are made at the Courts but also how states implement decisions and how states view the legitimacy of each Court.

Article

The Politics of LGBQTI Human Rights in the United Nations System  

Dominic McGoldrick

The United Nations system has been a major global site of political and legal contestation for LGBTQI human rights. However, the lack of consensus has led to major divisions within the UN’s political institutions. The independent human rights institutions that do exist within the UN system have been more progressive in advancing LGBTQI issues.

Article

International Law and Foreign Policy  

Joel H. Westra

Policymakers regularly face decisions pertaining to the making of international law and compliance with international law. International relations scholars have attempted to explain the broad patterns of state behavior that emerge from such decisions by approaching international lawmaking and international legal compliance from the perspectives of state power, interests, and identity. These explanations reflect the growing interdisciplinary connections between the study of international law and the study of international relations. Although there have been fewer interdisciplinary connections between the study of international law and models of foreign policy decision-making, closer examination of each of the main international relations approaches to international lawmaking and international legal compliance suggests corresponding models of foreign policy decision-making. Further work remains to develop these connections and to incorporate transnational actors and processes into the analysis of foreign policy decision-making. Such work has both scholarly and practical relevance, insofar as foreign policy decision-making takes place in an increasingly legalized international environment even as the existing, post–World War II international order faces increasing challenges from nonliberal states.

Article

The Politics of Prosecuting Genocide and War Crimes in Asia  

John Ciorciari

Delivering justice for genocide, war crimes, and other mass atrocities inevitably presents steep political challenges. That has certainly been true in Asia, where relatively few such international crimes have been prosecuted. Many Japanese were tried for war crimes following the Second World War, but for decades thereafter, the region saw only a few ill-fated efforts to advance justice for mass crimes. Some political space for accountability opened after the Cold War, enabling the creation of tribunals in Timor-Leste, Cambodia, and Bangladesh to address some of the many instances of impunity in Asia. Some observers have welcomed these trials as important efforts to advance accountability in a region rife with impunity. Still, the design and performance of these tribunals have reflected the difficulty of subjecting politically empowered or protected actors to justice. In each instance, trials have focused on suspects defeated at the ballot box or on the battlefield, prompting charges of victor’s justice. In other cases, including Indonesia, Sri Lanka, and Myanmar, even mounting an accountability process has proven a formidable challenge. In a region where Westphalian sovereignty and the norm of noninterference are strong, the will of incumbent domestic authorities remains the political linchpin for accountability efforts. In Asia as elsewhere, prosecuting international crimes requires exploiting windows of political possibility, although typically at the cost of accepting highly selective justice.

Article

The European Court of Justice (ECJ)  

Sabine Saurugger and Fabien Terpan

Considered an unusually powerful actor that has furthered European integration, the Court of Justice of the European Union (CJEU) has attracted considerable interest from both scholars and the public. Legal scholars and political scientists, as well as historians, have studied the Court in the context of it being one of the main actors in the integration process. Those that saw European integration as “integration through law” originally considered the Court to be the core element driving this process. The Court’s case law has influenced market integration, the balance of power among the EU’s institutions, and the “constitutional” boundaries between supranational and national competences. The pathbreaking rulings Costa vs. Enel and van Gend en Loos introduced new legal principles of direct effect and primacy in the 1960s; the 2007 Laval and Viking rulings triggered criticism of the Court’s decision, which was said to put the rights of companies above those of workers; whereas the Mangold ruling in 2005 on age discrimination was widely welcomed in spite of some negative reactions in Germany. Hence, while “integration through law” remains a powerful narrative in the academic field of European studies, the Court’s decisions and its role in the EU system have not remained unchallenged. This view of the Court as being less central to European integration is based on two developments in this field of study. On the one hand, research findings based on various analytical approaches—from rational choice to post-positivist—suggest that “integration through law” since the beginning of European integration has been a far less straightforward process than we have otherwise been led to believe. Scholars assert that the Court has been constrained by political, administrative, and constitutional counteractions since its establishment in 1952. On the other hand, scholars have identified a number of developments in the integration process from the early 1990s and the Maastricht Treaty, such as the increase in new modes of governance and intergovernmental decision-making, that explain why the Court’s role has come into question. Understanding these debates is crucial to grasping the broader institutional as well as political and legal developments of European integration.

Article

Democracy in the Crucible of Conflict  

Robert Ralston and Ronald R. Krebs

The field of international relations has long focused on understanding and explaining the causes of war. In contrast, scholars have devoted relatively little attention to war’s consequences. However, scholarly literature on the consequences of violent conflict, including its effects on liberal democracy, has burgeoned and improved in recent decades, since the 1990s. Existing research shows that security threats, mobilization, and warfare are neither entirely negative nor entirely positive with respect to liberal democracy. On the one hand, in the short run, these pressures erode liberal institutions and values. On the other hand, large-scale mobilization and warfare—both interstate and civil—encourage broader and more intense participation at the individual level and strengthen participation’s structural foundations. However, despite recent advances, there remains much that we still do not know, which suggests promising avenues for future research. The existing literature has not sufficiently or systematically distinguished among the effects of threat/insecurity, mobilization, and warfare. It has been stronger on empirical findings than on developing the mid-range theories and causal mechanisms that would make sense of those findings. It has been firmer on conflict’s impact on individual attitudes and predilections than on how and when violence reshapes larger political processes and structures. It has had more to say about conflict’s short-run effects than its long-term effects, especially with respect to contestation. The impact of violent conflict on liberal democracy remains a rich soil for future research.

Article

Opportunity and Willingness: From “Ordering Concepts” to an Analytical Perspective for the Study of Politics  

Harvey Starr

The opportunity/willingness framework (O/W) is presented as an agent-structure approach to the understanding of international relations (IR) and international conflict, with deep roots in the “ecological triad” of Harold and Margaret Sprout. While originally developed to organize thinking about international politics, this article describes how it has evolved into a guide for generating IR theory, developing research designs to study IR, and ways to evaluate those theories. It does this by showing how to synthesize what we know and bring together apparently disparate hypotheses and evidence to bear—crossing a variety of analytic boundaries—and by pulling together what we know across levels of analysis, academic disciplines, and the sub-disciplines of political science. O/W compels scholars to cross, link, and synthesize levels of analysis—complementing theories built around levels of analysis, while at the same time moving them forward in order to deal with the complex causation they have to confront. This complex causation derives from the logical features of O/W, which regards opportunity and willingness as jointly necessary conditions for the occurrence of any event. A discussion of the characteristics of necessity and sufficiency as causal processes leads to the conclusion that not only does this joint necessity distinguish O/W from theoretical approaches that are deterministic, monocausal, or are concerned only with either opportunity or willingness, but is the beginning of a logical story that demonstrates how this framework can deal with causal complexity. The joint necessity of opportunity and willingness, along with its two corollaries of “substitutability” and “nice laws,” forces a researcher to more fully specify the logical and substantive structure of the theoretical statements under investigation, and to ensure the research design is relevant to the theory and set of research hypotheses—such that there is a coherent relationship among the components of logic, theory, and method. At the end of the logical story developed in the article, it can be seen that O/W has moved well beyond an organizing principle and is a model of causal complexity of great potential.

Article

Ambivalent Humanitarian Crises and Complex Emergencies  

Dennis Dijkzeul and Diana Griesinger

The term “humanitarian crisis” combines two words of controversial meaning and definitions that are often used in very different situations. For example, there is no official definition of “humanitarian crisis” in international humanitarian law. Although some academic disciplines have developed ways of collecting and analyzing data on (potential) crises, all of them have difficulties understanding, defining, and even identifying humanitarian crises. Following an overview of the use of the compound noun “humanitarian crisis,” three perspectives from respectively the disciplines International Humanitarian Law, Public Health, and Humanitarian Studies are discussed in order to explore their different but partly overlapping approaches to (incompletely) defining, representing, and negotiating humanitarian crises. These disciplinary perspectives often paint an incomplete and technocratic picture of crises that is rarely contextualized and, thus, fails to reflect adequately the political causes of crises and the roles of local actors. They center more on defining humanitarian action than on humanitarian crises. They also show four different types of humanitarian action, namely radical, traditional Dunantist, multimandate, and resilience humanitarianism. These humanitarianisms have different strengths and weaknesses in different types of crisis, but none comprehensively and successfully defines humanitarian crises. Finally, a multiperspective and power-sensitive definition of crises, and a more fine-grained language for comprehending the diversity of crises will do more justice to the complexity and longevity of crises and the persons who are surviving—or attempting to survive—them.