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Human Rights and the State  

Sonia Cardenas

The modern state’s role vis-à-vis human rights has always been ambiguous. States are the basic guarantors of human rights protections, just as they can be brutal violators of human rights. This basic tension is rooted in the very notion of statehood, and it pervades much of the literature on human rights. As the central organizing principle in international relations, state sovereignty would seem to be antithetical to human rights. Sovereignty, after all, is ultimately about having the last word; it is virtually synonymous with the principle of territorial non-interference. Meanwhile, humanitarian intervention would at first glance seem to be a contravention of state sovereignty. Yet not all observers interpret human rights pressures as a challenge to state sovereignty. Modern states can be highly adaptive, no less so when confronted with human rights demands. One of the principal, if overlooked, ways in which states have adapted to rising global human rights pressures is by creating new institutions. This is reflected in the formation of national human rights institutions (NHRIs): permanent state bodies created to promote and protect human rights domestically. These state institutions are remarkable due to their rapid and widespread proliferation around the world, the extent to which they sometimes represent a strategy of appeasement but nonetheless can be consequential, and their potential for domesticating international human rights standards.

Article

Globalization and Globality  

Agnieszka Paczynska

Globalization has opened up new avenues of investigation in many disciplines. Among these are political science and political sociology, where scholars have engaged in heated debates over issues such as the ways in which state sovereignty is changing, the role of new nonstate actors in shaping international social and political dynamics, and how globalization processes affecting patterns of social and political conflict. Scholars have extensively explored the impact of globalization on the nation-state. While some view the nation-state as increasingly constrained and weakening, others see it as the main actor in the international arena. Since the 1990s, the number of non-governmental organizations has grown significantly and increasing numbers are engaged in and form alliances with other civil society organizations across state borders. Some are engaged in long-term development work, others in humanitarian assistance, yet others focus primarily on advocacy. The extent of their influence and its consequences remain topics of often contentious debate within the literature. The debate on how globalization shapes conflict processes has also been contentious and deeply divisive. Some analysts view globalization processes as contributing to the emergence of new cultural and religious conflicts by challenging local cultural, religious, or moral codes, and imposing Western, secular, and materialistic values alien to indigenous ways of organizing social life. For others, the link between globalization processes and ethnic and cultural conflicts is at best indirect or simply nonexistent.

Article

Federalism  

Alison L. LaCroix

Federalism refers to the constitutional and political structure of the United States of America, according to which political power is divided among multiple levels of government: the national level of government (also referred to as the “federal” or “general” government) and that of the states. It is a multilayered system of government that reserves some powers to component entities while also establishing an overarching level of government with a specified domain of authority. The structures of federalism are set forth in the Constitution of the United States, although some related ideas and practices predated the founding period and others have developed since. The balance between federal and state power has shifted throughout U.S. history, with assertions of broad national power meeting challenges from supporters of states’ rights and state sovereignty. Federalism is a fundamental value of the American political system, and it has been a controversial political and legal question since the founding period.