POLI 12D: International Relations Sections 1, 6

Transcription

1 POLI 12D: International Relations Sections 1, 6 Spring 2017 TA: Clara Suong Chapter 11 International Laws and Norms Chapter 12 Human Rights

2 Chapter Eleven International Laws and Norms

3 Core of the Analysis Whawt are International Laws and Norms? Do Transnational Advocacy Networks Make a Difference? Changing minds and altering interests Putting pressure on states Facilitating cooperation Are Transnational Networks Changing the Nature of World Politics?

4 International Law International Law A body of rules that binds states and other agents in world politics and is considered to have the status of law Differs by the level of obligation, precision, delegation to third parties Hard law Soft law

5 International Norms Definition Standards of behavior for international actors Types Constitutive norms Defines who is a legitimate or appropriate actors under what circumstances Procedural norms Defines how decisions involving multiple actors should get made. Regulative norms Governs the behavior of actors in their interactions with each actors Examples Territorial integrity norm National self- determination R2P Nuclear taboo

6 The Norms Life Cycle Some scholars posit a three- stage norms life cycle: 1. Actors attempt to convince an important population to accept and embrace their belief 2. The norm becomes a near universal standard of behavior 3. The norm is internalized

7 The Norms Life Cycle Norms entrepreneurs often frame issues in order to redefine them as undesirable. E.g., opponents of female circumcision framed the practice by changing the name to female genital mutilation During the second stage, the idea becomes a universal standard of behavior. Once a norm is internalized, certain actions become taboo, while others are viewed as correct or appropriate.

8 Transnational Networks In 1997, the International Campaign to Ban Landmines (ICBL) was awarded the Nobel Peace Prize. The ICBL was recognized for its work to ban and remove anti- personnel landmines

9 Transnational Networks The actors of transnational networks include: International and domestic NGOs involved in research and advocacy Local social movements Foundations and philanthropic organizations The media Civic organizations (churches, trade unions, etc.) These actors are united by common interests and repeated interactions. Two kinds of transnational networks: Transnational Advocacy Networks (TANs) Transnational terrorist networks

10 Transnational Networks Transnational Advocacy Networks aim to bring out political and social change through: Social mobilization, changes in social norms, and political pressure on governments Transnational terrorist networks use violence to bring about political and social change.

11 Do Transnational Advocacy Networks Make a Difference?

12 Do Transnational Advocacy Networks Make a Difference? TANs help direct, lead and initiate collective action on many issues. How TANs influence world politics: Changing minds and altering interests Putting pressure on states Facilitating cooperation

13 Changing Minds, Altering Interests TANs can help alter interests and change behavior by bringing new information to public attention. TANs also promote new norms, or standards of behavior for actors with a given identity. Norms are most easily seen when they are violated

14 Changing Minds, Altering Interests Norms affect behavior by raising the costs of inappropriate actions. E.g., the nuclear taboo, or a norm that prohibits the first- use of nuclear weapons. This norm creates the possibility of international outrage if any state considers using nuclear weapons

15 Putting Pressure on States TANs can also influence states directly through the practice known as naming and shaming. Calling attention to violations of widely held norms TANs can weaken a state s reputation by mobilizing the court of world opinion.

16 Putting Pressure on States TANs can also indirectly influence states by calling on the persuasive power of other states. The boomerang model: NGOs in one state activate transnational linkages to bring pressure from other states on their own governments

17 Why Do Some Transnational Networks Choose Violence?

18 Putting Pressure on States The boomerang model is most effective when NGOs are blocked from influencing their own governments. Usually, the boomerang is activated by NGOs in non- democratic regimes and is directed at NGOs in democratic states Consequently, NGOs are able to make socially inappropriate behavior more costly.

19 Facilitating Cooperation TANs can also affect behavior by: Providing information to states before a final agreement is reached as endorsers And afterwards as monitors As endorsers, TANs can reveal important information to influence whether legislators and voters support or oppose an agreement.

20 TANs as Endorsers TANs are generally seen as principled actors with strongly held normative beliefs. Their voices are usually quite loud TANs help facilitate cooperation between states by reducing the uncertainty which makes bargaining inefficient.

21 TANs as Monitors States gain information about compliance by: Relying on others self- reporting Monitoring one another s behavior directly Monitoring indirectly by listening to the testimony of trustworthy third parties TANs often serve as trustworthy monitors. This helps reduce states monitoring costs

22 Are Transnational Networks Changing the Nature of World Politics? Traditionalists argue that states are still the dominant actors in world politics. Conversely, globalists believe TANs are becoming a form of governance without government.

23 Are Transnational Networks Changing the Nature of World Politics? Because of globalization, governments cannot always ignore transnational networks. The boomerang effect even allows rather weak groups to put pressure on their governments Terrorism is also changing the interests of states and putting new pressures on governments.

24 Are Transnational Networks Changing the Nature of World Politics? While TANs help promote greater cooperation between countries: Terrorist networks attempt to undermine cooperation between states There is a need for states to globalize their counterterrorism.

25 Are Transnational Networks Changing the Nature of World Politics? However, it is hard to separate which transnational networks are good and which are dark. If necessary, states can shut down transnational networks by regulating the movement of people, information and ideas.

26 Are Transnational Networks Changing the Nature of World Politics? The extent that TANs can replace governments may be exaggerated because they: Cannot legally bind their members Must rely on voluntary compliance from their targets Depend on benign treatment from states The norms that TANs push for are almost always about appropriate state behavior. Thus states still have a clear central role on the world stage While TANs have transformed world politics, states remain the central actors in world politics.

27 Chapter Twelve Human Rights

28 Human Rights For more than 40 years, South Africa was run by a white- dominated government known as the apartheid regime. TANs and South African opposition groups brought international pressure against the regime, which promoted inequality and racial segregation. With increasing internal dissent and international pressure, the apartheid regime fell in 1990.

29 Human Rights The case of South Africa illustrates two developments: TANs success in the area of human rights States willingness to use their influence to punish cruelty and immorality Yet, interfering in cases of human rights abuses can be risky for states. Opens themselves to foreign interference Violates the principle of national sovereignty Few countries respect all human rights.

30 Core of the Analysis What are International Human Rights? International Bill of Rights (UDHR, ICCPR, ICESCR) Non- derogable rights Why Do Individuals and States Care About the Human Rights of Others? Moral and Philosophical Motivations Self- Interest Motivations Why Don t States Observe International Human Rights Law? What Can Lead to Better Protection of International Human Rights? Three conditions under which states will take action on human rights (domestic pressure, geopolitical interests, sovereignty) Innovative efforts (individual petition, universal jurisdiction, RTAs)

31 What are International Human Rights? Human rights are rights possessed by all individuals by virtue of being a person, regardless of their status as citizens of particular states or members of a group or organization. United Nations Charter: Established in 1945, created the first steps towards regulating how governments treat their citizens Article 55: the United Nations will promote universal respect for, and observance of, human rights

32 What are International Human Rights? Universal Declaration of Human Rights (UDHR) Adopted by the UN General Assembly in 1948 in an attempt to clarify what rights were embodied in the United Nations Charter s Article 55 Forms the foundation of modern human rights law The UDHR identifies a list of rights to all: Without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status Today, the UDHR is considered the authoritative standard of human rights. Contains the four pillars of dignity, liberty, equality, and brotherhood Articles 1-2: human dignity Articles 3 19: civil liberties Articles 20 26: political, social and economic equality Articles 27 28: communal and national solidarity

33 What are International Human Rights? Two separate agreements were formed to translate the UDHR into legally binding treaties: The International Covenant on Civil and Political Rights (ICCPR) The International Covenant on Economic, Social, and Cultural Rights (ICESCR) The ICCPR was largely favored by the Western states. The ICESCR was supported by communist states and the developing world

34 What are International Human Rights? Examples of what the ICCPR secures: Right to life, liberty, equality before the law Freedom of thought, religion, and expression Protection against torture and slavery Right to choose freely who to marry and to found a family As of June 2008, 161 members of the UN ratified the ICCPR. A group of 18 experts make up the UN Human Rights Committee, which reports on member states compliance with the treaty every 3 years The U.S. ratified the treaty in 1992 but declared that its provisions were not self- executing

35 What are International Human Rights? The ICESCR provides basic economic, social and cultural rights such as: The right to equal pay, a minimum standard of living, form trade unions and strike, free primary education, copyright, etc. The treaty currently has 158 members. The US has signed in 1977 but not ratified the treaty

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38 What are International Human Rights? The International Bill of Rights refers to the UDHR and the twin covenants (ICCPR and ICESCR). Today, the international community possesses a wide variety of international human rights which have been supplemented over time. Yet, many rights remain controversial

39 Why Are Human Rights Controversial? States have different interests in human rights because of conflicting political institutions, legal traditions and philosophies. The Cold War division between the East and West states Western states emphasis on ICCPR vs. Eastern states emphasis on ICESCR UDHR s origin in a Western, liberal philosophical tradition: individual rights > collective rights E.g., Debate over Asian values Human rights are a human- created institution, evolving over time. E.g., while freedom from torture is a widely held human right, after September 11 th some have questioned whether it is acceptable to use on terrorist suspects.

40 Are Some Rights More Important than Others? Nonderogable rights: Rights that cannot be suspended for any reason, including at times of public emergency Includes freedom from torture or cruel and degrading punishment, recognition as a person before the law, and freedom of thought, conscience, and religion The ICCPR identifies some nonderogable rights that can never be suspended. None of the rights identified in the ICESCR are nonderogable, and all can be limited by states acting under the law

41 Are Some Rights More Important than Others? Human rights TANs support many nonderogable rights. E.g., Amnesty International (AI) - prisoners of conscience (POCs): individuals imprisoned solely because of the peaceful expression of their beliefs One way to determine which rights states care about is by asking whether states undertake costly actions to punish violators. E.g., Economic sanctions imposed by the U.S. on South Korea and Chile in 1973 and on Argentina, Nicaragua, and Brazil in 1977 for detention and treatment of political prisoners However, government officials often react to violations of human rights with simple statements of disapproval. Actual sanctions against violators are scarce

42 Why Do Individuals and States Care About the Human Rights of Others? Why is it in states and individuals interests to enforce laws protecting human rights in other states? To answer this question and many others, we must first understand why states violate human rights.

43 Why Do States Violate Human Rights? Some states simply lack the capacity to prevent human rights violations. E.g., ICESCR s requirement to provide free primary education Some states do so in the name of national security. E.g., Red Scare ( , ); U.S. internment of Japanese- Americans Some governments do so in order to preserve their own rule. E.g., The Dirty War, a 7- year campaign against opponents of the regime after a military coup in Argentina in 1976 Unstable democracies or autocracies are generally more likely to violate human rights than established democracies. Suppressing human rights is a political strategy. Thus, it is used by many different actors for many different reasons

44 Why Do Countries Sign Human Rights Agreements? Some states sign agreements in order to demonstrate their devotion to democracy. By signing an agreement, some new states aim to lock- in new institutions and practices. Human rights laws are often used as a tool to alter a state s domestic political incentives Committing to human rights treaties carries some cost if they are violated. Thus, some established democracies are reluctant to ratify them, believing their human rights are already secured at home Today, however, more established democracies are beginning to sign these once- ignored treaties. States may also sign treaties in order to gain contingent rewards provided by others. This is a form of linkage E.g., EU and Turkey Others bind themselves to treaties in order to influence human rights in other countries.

45 Moral and Philosophical Motivations for Protecting Others Humans are social animals, so many individuals feel personally affected by the treatment of others. Empathy generates support for victims Others believe their own human rights are only secure if they are universal in principle as well as practice. We have been socialized, often by TANs, to identify with universal human rights. By framing issues and socializing actors, TANs are able to have a great impact on international human rights.

46 Self- Interest Motivations Modern human rights began during the Great Depression and WWII. Protecting these rights against forms of totalitarianism was seen as essential to the preservation of international peace Suppressing human rights creates domestic political unrest and potential revolt à can result in global repercussions Other states promote human rights in order to secure the self- interest of their citizens abroad. E.g., The North American Free Trade Agreement (NAFTA) helps protect the economic interests of citizens working abroad. However, some labor demands for human rights clauses are designed to prevent free trade and serve as a trade barrier.

47 Self- Interest Motivations Due to advances in technological growth, many human rights violations are constantly brought to the public s immediate attention. Individuals and groups are increasingly demanding that their governments promote international human rights.

48 Why Don t States Observe International Human Rights Law? The deadliest and most frequent form of violence in the world today is by governments against their own citizens. E.g., the Great Leap Forward in China ( ) caused a nationwide famine and killed about 38 million people. Democide refers to government- sponsored killing Human rights practices on average have remained the same or even deteriorated in the past 25 years. Two exceptions: South America, which democratized in the 1980s Central and Eastern Europe, which democratized in the 1990s

49 Why Don t States Observe International Human Rights Law?

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52 Why Don t States Observe International Human Rights Law? Human Rights Abuses Around the Globe ( ) David Cingranelli and David Richards have created indexes that track human rights abuses. This is now known as the Cingranelli- Richards (CIRI) Human Rights Project The index varies from zero to eight. Zero = no government respect for rights Eight = full government respect for rights

53 Human Rights Abuses Around the Globe ( )

54 Human Rights Abuses Around the Globe ( ) The project has uncovered important trends: Today s human rights abuses occur at approximately the same level as in past decades Western Europe has the lowest rates of abuse Over the past 25 years, South America and Central and Eastern Europe have been improving their human rights record After 1990, North America s violations increased, and increased even more after 1999 The worst human rights practices occur, on average, in South Asia, followed by the Middle East and sub- Saharan Africa The overall conclusion is that there has been little change in the practice of human rights.

55 Does International Human Rights Law Make a Difference? Research shows that ratifying human rights treaties is associated with an INCREASE in individual human rights violations. Yet, other studies show that these treaties have a small positive effect on human rights practices. Three possible explanations for these findings: International human rights law might not matter and is, at best, sporadically enforced States may ratify treaties simply to mask their continuing patterns of abuse Countries that sign human rights agreements are also the ones that are most likely to abuse them

56 Does International Human Rights Law Make a Difference? Nonetheless, these institutions may have a beneficial effect in the long run: International human rights laws empower actors to advocate their own rights, which sometimes leads to massive political change These laws also allow TANs to create political pressure that may in time force states to act.

57 What Can Lead to Better Protection of International Human Rights? States may sanction one another for human rights violations, but such action is rare. In fact, most states generally escape any significant punishment for abusing the rights of their citizens. The ineffectiveness of human rights laws can be attributed to inconsistent enforcement. It is costly for states to enforce human rights laws. However, states do sometimes punish violations

58 When Do States Take Action on Human Rights? States are most likely to pay the costs of protecting human rights under three conditions. 1. States are likely to act when confronted with domestic pressure to do something to prevent or stop human rights abuses. Democratic states are usually the most important supporters of international human rights. This is due to domestic pressure Human rights violations occur mostly in countries that restrict media access, but TANs help bring them to public attention. E.g., AI, HRW, Freedom House s reports

59 When Do States Take Action on Human Rights? 2. States are more likely to protect human rights when it serves their larger geopolitical interests. E.g., The West s tool to pressure the East during the Cold War 3. States may act when the principle of sovereignty, and consequently non- intervention, can be bridged with other principles. E.g., anti- apartheid movement defined as an anticolonical struggle

60 Hope for the Future? Efforts to promote effective collaboration between states involves building better international institutions. Four innovations in human rights institutions may have implications for the future. Individual petition Universal Jurisdiction ICC RTAs

61 Individual Petition 1. An important development is the right of private or individual petition to a supranational court. Petition rights are found in the European Convention on Human Rights and Fundamental Freedoms (ECHR). The ECHR was adopted by the Council of Europe in 1950 Among the ECHR s features are the European Court of Human Rights and its right to individual petition. The Court is made up of 47 judges and offers decisions on cases that are binding on members.

62 Individual Petition Individuals are allowed to petition the Court directly if they claim a state has violated rights that are denoted in the ECHR. Individual petitions make it harder for states to block international courts from hearing cases they fear they might lose.

63 Universal Jurisdiction 2. Countries may claim the right to prosecute perpetrators of crimes against humanity. This means that the location of the crime and the citizenship of the individuals involved are irrelevant Universal jurisdiction is useful for war crimes, genocide, torture, and other serious offenses. While universal jurisdiction is not an international principle or national law, abusers and their assets can sometimes still be seized. The debate over whether this will be accepted into international law continues.

64 The International Criminal Court (ICC) 3. The International Criminal Court (ICC) came into force in 2002 and has over 100 state parties. The court has jurisdiction only if: Accused is a citizen of a state party Crime took place on the territory of a state party UNSC referred the case to the prosecutor The ICC is a court of last resort. It cannot act if a state judicial authority has already genuinely investigated a case

65 The International Criminal Court The court is still controversial in the US Some fear politically- motivated prosecutions against American citizens Others argue it will constrain leaders actions, invest laws and clash with the UNSC The US has even sought to undermine the court by creating Article 98. This exempts countries from sending a foreign national to the court if it has a bilateral agreement with the national s country of origin that prohibits such action.

66 Harnessing Material Interests 4. RTAs There has been an increase of regional trade agreements with human rights provisions. Some of these are soft and merely for show, but others contain hard human right requirements These agreements help link human rights to real, material benefits of trade.

67 Conclusion States seek to protect the human rights of people outside their borders when: It is in their own interest And when human rights TANs intervene International human rights law is an institution developed by strategic interaction Yet, some states continue to violate human rights laws because many states are not willing to pay the high cost to protect them. The most effective way of protecting human rights may be to design more efficient institutions.

68 Final Exam Review

69 Question 1 The U.S. government has been heavily involved in negotiating the Trans- Pacific Partnership (TPP) since 2008, but withdrew in January Why did America help to craft the TPP, only to cancel its participation? Why did President Trump and other presidential candidates oppose the TPP? More generally, why do countries or domestic actors advocate or oppose free trade? Whom does free trade benefit? Why? Identify the potential winners and losers from the TPP using the Hecksher- Ohlin Theory and the 2 extensions to that theory, Stolper Samuelson and Ricardo Viner. How will the winners and losers differ in poorer nations? Chapter 7: International Trade Which countries export/import what? Hecksher- Ohlin Theory Stolper Samuelson Ricardo Viner

70 Question 1 What s So Good About (Free) Trade? Free trade allows a country to follow its comparative advantage. Importing goods that we cannot make very well allows us to focus on more efficient industries. Which countries export/import what? Hecksher- Ohlin Theory A country will export goods that make intensive use of the resources the country has in abundance (e.g. US- airplanes; Bangladesh: textiles). A country will import goods that make intensive use of the resources in which the country is scarce (e.g. US- textiles; Bangladesh: airplanes) Which domestic groups support free trade? Stolper Samuelson Approach Ricardo Viner Approach

71 Which domestic groups in the U.S. support free trade? US Aircraft Industry US Textile Industry Stolper- Samuelson Approach Support Free Trade Investors Skilled Labor Investors Oppose Free Trade Unskilled Labor Support Free Trade Oppose Free Trade Ricardo Viner Approach

72 Which domestic groups in Bangladesh support free trade? Bangladesh Aircraft Industry Bangladesh Textile Industry Stolper- Samuelson Approach Oppose Free Trade Investors Skilled Labor Investors Support Free Trade Unskilled Labor Oppose Free Trade Support Free Trade Ricardo Viner Approach

73 Question 2 International economic institutions are often accused of being driven by the interests of rich nations, and thus can be seen as unfair and biased against Less Developed Countries (LDCs). Do you agree or disagree with this assessment? Provide reasoning to defend your position. Apply your argument to the case of the International Monetary Fund (IMF) and its role in international financial and monetary relations. Is the IMF unfair or biased? What drives IMF behavior? Should the U.S. continue to contribute to the IMF? Compare the IMF to at least one other international organizations, using the terms of the bargaining framework. Chapter 8: International Financial Relations Sovereign lending, debt crisis, and the role of the IMF Chapter 9: International Monetary Relations Currency crisis

74 Question 3 International cooperation often requires that governments relinquish their exclusive rights as the ultimate authority in a certain policy sphere (sovereignty). Why do governments agree to do this? Why, for example, do some governments prioritize human rights over other interests or policy priorities? Provide at least 2 examples of governments that signed international treaties on human rights, but which then did not comply with the terms of the agreements. Why do governments follow or alternately fail to comply with international agreements? Chapter 12: Human Rights Chapter 2: Understanding Interests, Interactions, and Institutions Chapter 11: International Laws and Norms

75 Question 4 During the election, candidate Trump called the North Atlantic Treaty Organization (NATO) obsolete. As President, Trump retracted this claim, but he has continued to pressure other NATO members to provide funding for the alliance. In his recent Brussels trip, the President also notably failed to reaffirm Article V, the key NATO collective security provision. Why do countries form alliances? Do alliances cause conflict or do they maintain the peace? Are U.S. alliance commitments good value or are they inefficient and/or too expensive? What is the difference between collective security organizations and alliances. Provide examples and use the concepts discussed in class and in the textbook to support your argument. Chapter 5: International Institutions and War Effects of (military) alliances The tradeoff between the credibility of alliances and efforts to restrain alliance partners E.g., In 1949, the US sought to deter China from attacking Taiwan without encouraging Taiwan to declare independence.

76 Question 5 An array of strategies has been implemented among developing nations to catch up with industrialized nations. Two approaches in particular have received extensive attention from specialists: Import- Substitution Industrialization(ISI) and Export- Oriented Industrialization (EOI). Write a well- structured essay comparing these two strategies and addressing the following: a) Why do countries place such importance on industrializing? b) Describe ISI and EOI. c) What are the main instruments and institutions that characterize each approach? d) What differentiates these two models? e) In what regions of the world as each primarily implemented? f) How does each approach shape interests and institutions inside a country? g) Who are the losers and winners in each case? h) Which has proven to be more successful? Chapter 10: Development, Poverty and Growth

77 Question 6 The textbook explains the development of international institutions in terms of strategic interaction between actors of varying power, each of which has both shared and divergent interests. These actors also face collective action problems. Using the case of global fisheries management, and drawing on specific concepts from chapters 11 and 13, trace the life cycle of a norm against overfishing, explaining where in the cycle citizens of at least three different countries are currently. Then, explain how transnational advocacy networks (TANs) can act both as endorsers and monitors to help address the problem of overfishing. Discuss whether you think that the boomerang model applies to this case. Identify additional issues or factors you think are involved and what further could or should be done in addressing this issue. Chapter 11: Transnational Networks Chapter 13: The Global Environment

78 Question 7 Money makes the world go around. In lecture, we discussed the fundamental tension in the global monetary system established by the Breton Woods agreement. Money needs to be abundant to act as a medium of exchange and scarce to hold its value. Review why Breton Woods first enabled the exchange of goods and services around the world and later created increasing financial instability. What did President Nixon do in 1971 that transformed the international monetary system? Explain how the current global monetary system works. What does it mean when currencies float or are pegged? Give an example of a country that has a peg for its currency. Provide an example and an explanation for a case where the international monetary system contributed to political instability/unrest within a country. Chapter 9: International Monetary Relations Fixed exchange rates provide stability and facilitate international trade and investment. But fixed rates reduce or eliminate a government s ability to have its own independent monetary policy. Floating exchange rates offer more freedom to pursue one s own monetary policy. The government does not have to keep the exchange rate fixed. However, floating exchange rates can make international trade and investment much more difficult.