Arms Transfers beyond the State-to-State Realm

Arms transfers beyond the state-to-state realm can have harmful effects for international security dramatically affecting the relations and behavior of states. This article examines why an emerging international norm on "prohibiting states to transfer arms to nonstate groups" has failed to diffuse at the international level. It discusses the already available international law framework existing at the regional and international levels upon which the potential norm could be built. The failure of the norm to diffuse at the international level can be primarily explained by the existence of a long-consolidated norm: the customary practice of states to transfer weapons to nonstate actors, that is, groups they deem legitimate to, without any interference or constraint. ¹ The unrestrained transfer of weapons is an established foreign-policy practice. It is the way states form, uphold alliances, extend friendships, and build spheres of influence ( Sorokin 1994 ). Clearly, no state willingly wants to give this up. Therefore, the multilateral agreement on a norm barring most or all transfers of weapons to nonstate actors would curtail the freedom of action to build spheres of influence as states please. There are genuine ethical and moral dilemmas in this discussion, a nonstate actor may be a freedom fighter or a terrorist depending on different perspectives. The distinction between the categories "state" and "nonstate" actors may risk classifying actors in two camps: the good and the bad, respectively. This is problematic as a few states are known to be the most brutal perpetrators of egregious violations against their own citizens, whereas certain nonstate actors are legitimately fighting for the protection of vulnerable populations.     

The Reputational Impact of Investor-State Disputes

To what extent do alleged violations of international commitments damage state reputation? This article explore this question with specific reference to investor-state disputes arising under the protection of international investment agreements. Its main contributions are threefold. First, building on the political institutions literature, the study places the theoretical importance of information about the rules of the game, and the actions of the participants at the center of analysis. Second, in contrast to prior empirical research, the study systematically analyzes the costs of state involvement in investment treaty arbitration by examining all known disputes. Third, the study addresses the impact of investment disputes on both foreign investment flows and state reputational rankings. We show that the consequences of investment disputes vary with the transparency of the investor-state dispute settlement process. The central implication of these findings for the broader body of literature on international institutions is that reputational mechanisms for effective treaty enforcement cannot be taken as given but instead need to be explored on the basis of a nuanced approach that addresses the pivotal issues of institutional design and information costs.     

The myth of the local

Debates about the diffusion of international norms have increasingly focused on norm appropriation, highlighting the agency of local actors. The proliferation of international organizations in the Global South raises the question of whether and how they practice local norm appropriation. This article uses ethnographic methods to investigate the appropriation of development norms in an intergovernmental development organization located in Bangladesh. Established theories like localization and sociological institutionalism would expect local actors to allude to a global norm but not to adhere to it. On the contrary, this study finds that, while development organizations may allude to local development norms and dismiss UN-led initiatives as “Western,” their practices remain in line with global concepts such as the Millennium Development Goals and the Human Development Index. These actors perform to localize, but the rhetoric is not matched by their everyday practices. The local therefore functions as a myth.     

Does compliance matter? Assessing the relationship between sovereign risk and compliance with international monetary law

An important theory of international cooperation asserts that governments comply with international law because of the reputational costs incurred by reneging on public agreements. Countries that sign binding international agreements in the realm of monetary relations signal their commitment to an open economic system, which should reassure international market actors that the government is committed to sound economic policies. If the theory is correct, we should observe evidence that noncompliance is in fact costly. I test this argument by examining the effect of noncompliance with Article VIII of the IMF’s Articles of Agreement on sovereign risk ratings. The results show that noncompliance with the agreement mitigates any benefits that accrue to Article VIII signatories. The empirical evidence suggests that, in addition to improving economic and political conditions at home, governments in the developing world would improve their access to financial markets by signing and complying with international monetary agreements.     

From Population Control to Reproductive Rights: Understanding Normative Change in Global Population Policy (1965–1994)

This article examines the process of normative change and nascent norm emergence in areas of global policy making through the convening of UN global conferences. Specifically, the article is a case study of how the norms and discourse undergirding and legitimising global population policy have changed from population control to reproductive rights through the passing decades. The United Nations, as a main site of discursive and normative contestation, provides opportunities for global social movements to lodge oppositional claims against states and other actors in world politics. A constructivist approach is used to identify five processes integral to understanding mutually constitutive and fluid agent-structure processes of normative change and nascent norm emergence in global population policy. This research contributes to the extant constructivist literature on the process of norm emergence by suggesting one processual model that can illuminate other cases of norm formation, maintenance, and change regarding other transnational issues.     

Boomerangs and Superpowers: International Norms,Transnational Networks and US Foreign Policy

The complex relationship between international norms and transational networks of non-state actors is gaining increasing attention in international relations theory. This paper argues that transnational networks of non-state actors gain greater access to and influence over states when they identify with international norms that the states themselves have formally accepted--even if that formal acceptance did not initally reflect any serious intention to implement or monitor the norm in question. This process has been called the 'boomering effect'. The resulting redefinitions of state interests raise the diplomatic salience of the norm in question, and thereby increase its effectiveness. The article illustrates this process with a study of changes in the US foreign policy towards Soviet and Eastern European compliance with the human rights norms of the Helsinki Accords in the mid-late 1970s.     

Litigation process of social movements as a driver of norm transformation?

The political science and international relations literature has extensively analysed the role of norm entrepreneurs, states, and international institutions as relevant actors generating norm transformation. However, although social movements’ reliance on courts to address core social problems has become a significant phenomenon, the role of the litigation process of social movements in norm transformation is understudied. Social movements have an ambiguous relationship with litigation. On the one hand, social movements perceive litigation to be the tool of the powerful, reproducing the status quo; on the other hand, it is argued that even when social movements lose their cases before the courts in the short term, legal mobilization can provide longer-term achievements. This article constructs a theory about the process through which the litigation of social movements impacts norm transformation. It proposes four mechanisms through which litigation plays a role in norm transformation: legal framing, legal interpretation, precedent setting and public attention. Through the examination of the Sardar Sarovar Dam as a case study, the analysis reveals that the role of the litigation process of social movements in norm transformation depends on how litigation mechanisms impact norm transformation in specific cases.     

Building civil society in Lao PDR: the Decree on Associations

Since 2006, international organisations in Lao PDR have worked closely with local actors in order to foster the creation of an enabling environment for civil society. By conceiving of civil society development as a system involving a number of closely-connected actors and levels, international actors have been able to contribute to both the adoption of a Decree on Associations, which for the first time in Lao history regulates the civil society sector, and to the organisational strengthening of the few existing domestic organisations. This paper evaluates the impact of international actors' initiatives and assesses civil society's prospects for engaging in human rights work.     

Economic Interests and Threat Assessment in the US Congress, 1890–1914

Why do some domestic actors see the international environment as a threatening place populated by untrustworthy powers, when others find opportunities for peaceful cooperation in the same conditions? Because these actors confront the same international environment, the reasons for their divergent evaluations must rest on differences in their own beliefs and interests. In this article, we consider the impact of societal interests in trade and trade protection on elite assessments of the international environment. We examine evaluations of the international environment in speeches given in the US Congress during naval appropriations debates between 1890 and 1914. The manufacturing sector’s interest in trade protection led political leaders who represented manufacturing regions to offer more negative assessments of the international environment, while those representing export-oriented agricultural areas of the country gave more positive evaluations. These effects were roughly comparable to those associated with party, as well as individual-level characteristics, such as having served as a military officer.     

The GATS and financial services: the role of regulatory transparency

The World Trade Organization (WTO) General Agreement on Trade in Services (GATS) and its Annex on Financial Services provide the international legal framework for the regulation of cross-border trade in financial services. This paper analyses the main provisions of the GATS that relate to regulatory transparency of trade in financial services. The GATS generally provides a flexible framework for states to negotiate liberalisation commitments while providing WTO members with autonomy to promote their regulatory objectives. The extent to which states, however, must adhere to GATS disciplines regarding transparent regulatory practices has become a source of policy debate. Although the WTO has played no role in setting financial regulatory standards, the transparency obligations of the GATS have important implications for how financial regulators can achieve their objectives. Moreover, GATS transparency obligations can potentially create disproportionate administrative costs for developing countries and thus undermine their financial sector development. The paper argues that the principles of regulatory transparency in the GATS should be interpreted in a way that favours regulatory discretion to achieve financial stability and other prudential objectives. In the post-Doha era, WTO members should attempt to clarify GATS transparency obligations in a way that promotes financial development and regulatory autonomy.     

Sources of Transparency: Information Systems in International Regimes

Scholars and practitioners alike have stressed the important role of transparency in promoting international regime compliance and effectiveness. Yet many regimes fail to create high levels of transparency: governments and nongovernmental actors regularly fail to monitor or report on their own behavior, the behavior of other actors, or the state of the problem these regimes seek to resolve. If more transparency often, if not always, contributes to regime effectiveness, then identifying the sources of transparency becomes an important research task. Regime transparency depends upon both the demand for information and the supply of information. Specifically, regimes can seek "effectiveness-oriented" information to assess whether regime members are collectively achieving regime goals or "compliance-oriented" information to assess whether particular actors are individually fulfilling regime commitments. The incentives and capacities that relevant actors—whether governments, nongovernmental organizations, or corporate actors—have to provide such information depend on whether the regime's information system is structured around self-reporting, other-reporting, or problem-reporting. Although many of these factors are determined by characteristics of the actors involved or the structure of the problem, regimes can increase transparency by enhancing the incentives and capacity actors have to contribute to a particular regime's transparency.     

Mining codes in Africa: emergence of a ‘fourth’ generation?

A burgeoning interest among academics, policy-makers and civil society groups has developed concerning Africa's extractive sector and particularly its mining codes, which are now at the centre of a wider policy debate over natural resource governance and economic development on the continent. This article reviews the evolution of Africa's regulatory codes in the mining sector, which has undergone what Bonnie Campbell describes as ‘three generations’ of liberalization since the 1980s. We also highlight new voluntary, regional and transnational initiatives, driven by a host of heterogeneous actors from Africa and abroad, which constitute a ‘fourth’ generation of mining codes and natural resource governance practices that place primary emphasis on transparency and accountability by both mining companies and host governments. This new generation of natural resource governance initiatives presents new opportunities as well as unique challenges, particularly with the growing role of emerging economies such as the BRICS (Brazil, Russia, India, China and South Africa). We conclude by assessing future trends and policy challenges in Africa's extractive sector governance.     

Norms from the periphery: tracing the rise of the common but differentiated principle in international environmental politics

Abstract

Over the last three decades, constructivist scholars of international relations have created a rich body of literature on the influence of global norms. Until recently, the vast majority of that work focused on norms originating in the developed world and neglected the ideational impact of developing countries. This article confronts this oversight in the literature by tracing the rise of the “common but differentiated responsibility” (CBDR) norm in international environmental politics. The CBDR principle traces its origins to the developing world and today it is part of the framework principles of international environmental agreements. Thus, it represents a global norm promoted by, rather than diffused to, the developing world. In the process of tracing this norm’s rise, this article generates a set of hypotheses about the conditions under which developing countries create global norms.     

Drone Warfare in Counterterrorism and Normative Change: US Policy and the Politics of International Law

The use of Unmanned Aerial Vehicles (UAVs) or drones in counterterrorism has changed the face of warfare and is challenging international law on a number of levels. This article assesses some of those challenges in the context of the Obama administration’s justifications to use drones for targeted killing. It focuses on the US as a norm entrepreneur that purposefully works to alter prevalent norms related to the use of drones in counterterrorism efforts. The article analyses normative developments and the meaning-in-use of existing legal provisions that are invoked to justify US policy in this area. By focusing on norm entrepreneurs, this article moves away from purely structural accounts of normative change towards a stronger emphasis on actors and the role of agency. Rather than understanding US drone policy as violating international law, this article argues that the Obama administration was acting as a norm entrepreneur in its counterterrorism efforts, aiming to change the meaning of a number of international legal concepts to justify its policy decisions.     

Constructing Population Control: Social and Material Factors in Norm Emergence and Diffusion

To demonstrate that norms have independent causal power, constructivists de-emphasise material factors related to state interests and highlight social factors. Similarly, they conceptualise international organisations as autonomous from state influence, and focus on cases featuring non-state actors that stimulate a “tipping point” of norm diffusion among states in advance of state sponsorship. By contrast, this article utilises an historical materialist approach that admits both social and material data to examine the contrasting case of population control. It finds that US corporate foundations, eugenist demographers, feminist birth control activists and related NGOs conceptualised and promoted population control in the United States, at the United Nations, and across developing countries. However, the tipping point of norm diffusion occurred only after the United States publicly advocated population control. Indeed, material and social factors were inextricably bound together.     

The Moore thesis: what's left after 1989?

This article reconsiders the work of Barrington Moore and his critics on the historical emergence of democracy in the light of post-communist democratization. What are we to make of a region which violates Moore's dictum – “No bourgeoisie, no democracy”? Using the tools of comparative historical analysis, it makes sense of how democracy emerged in the region by developing a theory which both explains why this was possible and what social actors were essential to this outcome. With attention to patterns of social development in the region, the politics of elite alliance in the final phase of communism, the strength of civil society at extrication, and the role of the international system, it explains differences in regime outcomes across the region.     

Norm compliance by proximity: explaining the surge of regional actors in responsibility to protect

International military interventions in Libya and Côte d'Ivoire in 2011 revealed that regional and sub-regional organisations are playing an increasingly active and important role in the implementation of Responsibility to Protect (RtoP). However, the academic and policy analyses of RtoP have not thus far presented any comprehensive model to explain the emergence of regional actors in RtoP. This article develops and applies a four-fold taxonomy, according to which the unique powers of regional actors in initiating and implementing RtoP can be attributed to four types of compliance effects. First, regional actors themselves can directly promote RtoP for either normative or strategic reasons. Second, they can wield either normative or strategic compliance pull on other actors, such as the permanent members of the UN Security Council, which is an indirect but effective way to implement RtoP. As a benefit, this taxonomy reveals the diversity and depth of compliance effects wielded by regional actors in the RtoP process. The powers of regional actors in RtoP are realised on multiple fronts, rather than through a singular channel. This conclusion challenges the whole conception of RtoP by demonstrating that the traditional two-layered idea of RtoP developed in the mainstream literature, according to which RtoP is composed of the levels of international society and its member states, should be replaced with a tri-layered conception which also recognises the emerging middle level of regional actors.     

"Women, Children and Other Vulnerable Groups": Gender, Strategic Frames and the Protection of Civilians as a Transnational Issue

This article offers an explanation for the use of gender essentialisms in transnational efforts to advocate for the protection of war-affected civilians. I question why human rights advocates would rely upon such essentialisms, since they arguably undermine the moral logic of the civilian immunity norm on which their normative claims are based. This can be understood, I argue, as part of a strategic framing process in which pre-existing cultural ideas, filtered through an environment characterized by various political constraints, impact the rhetorical strategies available to advocates. In-depth interviews with civilian protection advocates reveal that many believe that warring parties, the global media, transnational constituencies and partners in the international women's network will all be more receptive to their message if it is couched in terms of protecting "women and children" specifically. Network actors believe that while this may undermine the protection of adult male civilians and while it may reproduce harmful gender stereotypes, these problems are outweighed by the gains in access to needy populations and the benefits of getting "civilians" on the international agenda. I conclude by considering the extent to which this cost/benefit analysis is being contested and reconsidered by some actors within the civilian protection network.     

Hierarchy Amidst Anarchy: A Transaction Costs Approach to International Security Cooperation

This article provides an interest-based explanation for hierarchy in international politics. The study suggests that—even in a self-help system—self–interested actors voluntarily curtail their sovereignty to obtain needed assurances, yet that these actors have a choice among cooperative security arrangements with different degrees of "bindingness." The key to understanding countries' international institutional choices is in focusing on economic theories of organization and, more specifically, transaction costs. The study begins with the conceptualization of a continuum of cooperative security arrangements with different degrees of bindingness. It then examines different bodies of literature—the traditional realist model and economies–of–scale arguments—and claims that both fail to account for hierarchical security structures in the international system. Recognizing that economists explain hierarchy amidst market anarchy by examining transaction costs, the study makes use of this insight by developing an analogous argument for hierarchy in international politics. Finally, to test the propositions advanced in this article, a brief case study examines plans for the creation of a European Defense Community.     

Mining revenue and access to health care in Africa: could the revenue drawn from well-managed mining sectors finance exemption from payment for health?

Various reforms undertaken during the 1980s significantly reduced the capacity of states to regulate health systems. Of the many policies implemented since then to increase access to health care, policies of exemption from direct payment are among the most important. These can be very effective in a well-funded and managed context. Beyond political will, are African states unable to afford policies of exemption from payment for health care? Our analysis, based mostly but not exclusively on research carried out in West Africa, leads us to suggest the importance of a well-managed extractive sector in Africa as a potential source to finance policies of exemption from payment for health care. This could come about if all actors concerned, whether from the private sector or the donor community, were required to follow the same rules and requirements of transparency and accountability being asked of the countries concerned.