Human Rights as Reputation Builder: Compliance with the Convention Against Torture

A strong record of human rights protections is an important factor for a state to maintain a positive international reputation. In this article, we suggest that states will use compliance with human rights treaties as a mechanism by which to improve their reputations to help achieve their foreign policy goals. We hypothesize that international human rights compliance is a means to improve a state’s reputation in three specific situations: when the state is facing regional pressures as the result of a desire to join a regional organization; when the state is facing regional pressures not to run afoul of a court within a regional organization; or when a state seeks foreign assistance from an entity with human rights requirements for the receipt of such assistance. We examine our theory by analyzing human rights reports regarding state compliance with specific treaty obligations outlined in the Convention Against Torture (CAT). While the evidence for our hypotheses is mixed, we do find some support for our assertion that state compliance is linked to reputational concerns. In particular, states comply with the CAT when they are part of a regional organization that has a human rights court, and when they are receiving conditional aid from the European Union.     

National Human Rights Institutions: Domestic implementation of international human rights law

Does adopting a National Human Rights Institution (NHRI) make states’ international commitments to not torture more constraining? Many researchers have explored international human rights treaties’ abilities to constrain leaders from violating human rights, some focusing exclusively on the United Nations Convention Against Torture (CAT). Thus far, findings are not promising unless certain domestic conditions apply such as sufficient democratic space to air grievances or independent judiciaries. This article continues to explore domestic conditions by focusing on another liberal institution—National Human Rights Institutions (NHRIs). Torture is usually a secretive practice, and NHRIs act as information providers to potential mobilizers and domestic legal systems assuring international legal commitments are not empty promises. Using statistical analysis on 153 countries over the years 1981–2007, I find that when a country has ratified the CAT, the presence of an NHRI substantively decreases the chances the state will be an egregious offender.     

Families falling apart

Daniel Patrick Moynihan is the senior United States Senator from New York. He is the Chairman of the Subcommittee on Social Security and Family Policy of the Committee on Finance, and of the Subcommittee on Water Resources, Transportation, and Infrastructure of the Committee on Environment and Public Works. He is also a member of the Committee on Foreign Relations and the Senate Arms Control Observer Group. He is the author or editor of 14 books, including Beyond the Melting Pot(with Nathan Glazer) and his most recent work, Came the Revolution: Argument in the Reagan Era.     

The impact of the U.S. war on terrorism upon U.S.-China relations

Using a framework of geopolitical analysis. Oliver Lee argues that the fundamental geopolitical relationships between the United States and China, namely the relationship between the world’s strongest naval and air power and the world’s strongest land power, would not be upset even after the American military presence in central Asia since September 11, 2001. The relationship would remain essentially unaltered because — American initiation of the use of nuclear weapons against China being ruled out for fear of Chinese retaliation — China would be able to withstand any U.S. military offensive conducted with conventional land, sea, and air forces, regardless of whether the U.S. possesses permanent air bases in Central Asia or not, and regardless of how many troops it may station on them. His teaching and research interests include domestic and foreign policies of China and power in America and U.S. foreign policy.     

Unilateral jurisdiction: Universal jurisdiction <Emphasis Type="Italic">à l’Américaine</Emphasis> in the age of post-realist power

Conclusion The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic desire to reform the world. In that respect, the shaping of a so-called “world community,” America is challenging continental Europe and its hierarchical universal power rooted in Catholic verticality. On the contrary, the U.S. conception of power is based on a horizontal dynamic, inspired by the structure of the reformation movement. American coercive rights are defying a universal powerless law; Luther is certainly taking its revenge against Rome. Indeed, as for now, America’s universal competence turns out to be more effective than the ICC. However, if the United States does not take into account its own aspirations to define universal norms, it will be more and more difficult for the United States to justify the necessity of its military decisions. any step back to crude realism could be a fatal regression. It will be a mistake for the pursuit of America’s own interests; it would also most probably endanger the stability of the international system, as it would foster rivalries and hostile reactions.     

Independent Candidates in China’s Local People’s Congress Elections

In the Chinese political system, according to the constitution, the people’s congresses at the primary level are the only institution which the voters can directly elect. However, the Chinese Communist Party (CCP) tightly controls the “direct elections” and takes every measure in the elections to prevent grassroots power from entering even the primary-level people’s congresses. In recent years, grassroots power has kept struggling for its legal rights in the “direct elections” held in a few localities. The conflicts between the grassroots power and the authoritarian party in the “direct elections” have become an interesting political phenomenon, a subject deserves close observation and research. This paper studies the background of the independent candidates, their motivations and behaviour in elections. The paper also examines the party’s control in the elections and thus exposes the true nature of China’s people’s congress “direct” elections. The paper argues that independent candidates can have little impacts on China’s political structure at the current stage because of the party’s tight control, but their political participation has the most democratic value, compared with the “reforms” instigated and carried out by the CCP.     

Building China’s Soft Power for a Peaceful Rise

With its rapid economic growth and deepening integration into the global system, Chinese leaders see the first 20 years of the 21st century as an ‘important period of strategic opportunity’ for China. China under Hu Jintao’s leadership has chosen a new path of peaceful rise. To facilitate such a peaceful rise, Chinese Communist Party has gradually adopted a soft power strategy. We see building soft power as a means as well as the end of China’s peaceful rise. We argue China has a genuine desire for peace in her rise and China’s peaceful rise may not be impossible. Based on existing literature, we expand the sources of soft power to six pillars: cultural attractiveness, political values, development model, international institutions, international image, and economic temptation. We also identify three channels for wielding soft power: formal, economic, and cultural diplomacies. Putting all the basics together, we have proposed an integrative model of soft power. Accordingly, we analyze the sources and limits of China’s soft power and suggest how to improve it in these six areas.     

Levi’s Auschwitz and Dante’s Hell

On reading Primo Levi’s Holocaust memoir If This is a Man, one is immediately struck by its literary quality, and especially its generous use of Dante’s Inferno, both of which point to the more general problem of Holocaust witnessing. This paper focuses on Levi’s reasons for using Dante’s poem in particular to communicate his experience. Levi’s choice of Inferno is pointed, not only because of the obvious trope of existence in Hell, but also because Levi conceived of Auschwitz as an experiment designed to destroy the “human,” created in part, at least in the West, by Dante’s poem. What I will be suggesting is that Levi emphasizes the distinctions between his and Dante’s experiences by including in his conversation with Dante’s Inferno (paradoxically) his rejection of that conversation. There may or may not be something “human” which persists after Auschwitz, and the only way to ask this question, without preconceiving an answer, is to dramatize silence. The resultant ambiguity urges readers to, as Levi puts it, “participate in” the events described and/or dramatized.

Fairness in employment testing

Mary L. Tenopyr has directed AT&T’s selection and testing program for the past 17 years. She has been employed in various academic, governmental, and business settings. She was a member of the National Research Council’s Committee on Ability Testing, and has published widely in measurement and industrial psychology.     

A critique of the rhetoric, ambivalence, and promise in the protocol to the African charter on human and people’s rights on the rights of women in Africa

The desire to formulate a viable treaty framework for women’s rights that will meet the challenges of the sociocultural peculiarities in Africa led to the emergence of the original draft Protocol to the African Charter on Human and People's Rights on the Rights of Women in the twilight years of the Organization of African Unity (OAU). Without doubt, the recent adoption of the African Women’s Protocol by the Assembly of African Heads of State and Government in July 2003 is a welcome development coming at a most opportune time. However, if the African Women’s Protocol is to serve its purposes in an effective way, it is absolutely necessary to articulate the normative and structural modalities that would secure the achievement of its stated ends. It is therefore in the quest for defining the strategic parameters of this new-fangled instrument that I analyze the normative promises as well as notable structural and conceptual limitations inherent in the African Women's Protocol with a view to identifying trajectories for its sustained relevance and viability. I address these concerns against the backdrop of the instrument’s provisions. Fighting for women’s rights is a positive struggle which recognizes the quality of women’s contribution to every aspect of the community... I therefore invite all to renew their energies in undertaking practical and creative initiatives to achieve full respect of the human rights of women. Mary Robinson, United Nations High Commissioner for Human Rights (1997–2001).     

Strategy of Chinese policy entrepreneurs in the third sector: challenges of “Technical Infeasibility”

Studies of policy entrepreneurs have become a staple of public policy research. Very few such studies deal with the circumstances of China. This paper aims to remedy this oversight by exploring the mechanisms of policy change in China. Using John Kingdon’s Multiple Streams (MS) Model, the author develops the “Technical Infeasibility Model.” The paper tests the MS model’s applicability to China by examining strategies put forth by Chinese policy entrepreneurs in the third sector. It considers how they may successfully promote change by using a strategy of proposing a relatively radical policy concept that is politically acceptable and technically infeasible to policy makers. To illustrate such a strategy, this paper considers a case of policy change involving Chinese urban vagrants. The policy on “Detention and Repatriation,” which was first implemented in 1982, was challenged following the Sun Zhigang Incident in March 2003. Shortly thereafter law scholars filed two suggestion letters to the National People’s Congress Standing Committee calling for a constitutionality review of the Detention and Repatriation System. Though it was “technically infeasible” to air such a proposal in China at that time, the State Council initiated action to abolish certain provisions of the Detention and Repatriation System. However, the National People’s Congress Standing Committee did not conduct a constitutionality review.

Policy and power: A conceptual framework between the ‘old’ and ‘new’ policy idioms

During the last few decades, both policy practices and policy idioms have drastically changed. Concepts such as interactive planning, network management, stakeholder dialogue, deliberative democracy, policy discourses, governance, etc. have replaced older ones such as public administration, policy programmes, interest groups, institutions, power, and the like. Although we recognise the relevance and importance of this shift in vocabulary, we also regret related ‘losses’. We particularly regret that the concept of power has – in our view – become an ‘endangered species’ in the field of public policy analysis. We therefore will develop a framework to analyse power – being a multi-layered concept – in policy practices in this article. We will do so on the basis of the so-called policy arrangement approach, which combines elements of the old and new policy vocabularies. In addition, we draw upon different power theories in developing our argument and model. As a result, we hope to combine the best of two worlds, of the ‘old’ and the ‘new’ idioms in policy studies, and to achieve our two aims: to bring back in the concept of power in current policy analysis and to expand the policy arrangement approach from a power perspective.     

The Age of Geoeconomics, China’s Global Role, and Prospects of Cross-Strait Integration

After noting the rise of geoeconomics in the post-Cold War era, the paper ascertains how the age of geoeconomics re-defines power and the rules of the balance of power game. Of particular significance is that a nation’s economic security eclipses its military security (or traditional national defense). In this context, I examine the meanings of the rise of a re-ascendant China for world politics in general and for Taiwan’s future in particular. Considering Taiwan’s heavy dependence on imported natural resources and its isolation and exclusion from vital international economic groupings, such as FTA’s. ASEAN, ASEM, and the 16-nation Asian super economic bloc in the marking. Finally, I take a prospective look at the prospect of a future cross-Strait integration between Taiwan and mainland China under the impact of the dictate of geoeconomics.

Bush, China, Taiwan: A triangular analysis

This paper reexamines American policy toward China, Taiwan, and their ambivalent bilateral relationship, focusing on the period since Washington’s shift from strong (but not unconditional) support of Nationalist China to the role of balancer in the early 1970s, particularly on the most recent period under George W. Bush. We analyze the relationship from a strategic triangular perspective. The China-Taiwan-US relationship is triangular in the sense that each actor’s relations with the other two depend on its relations with the third. It is strategic in its focus on security. The United States has been the consistent “pivot” of this triangle, having better relations with both “wings” than they have with each other. Washington has retained this structurally advantageous position partly because of its disproportionate strategic weight, and partly because of the inherent difficulties Taipei and Beijing have had forging a cooperative bilateral relationship. This structure has been quite stable since the Cold War, as Washington has periodically shifted its balance from one wing to the other without altering the triangle’s basic configuration. Yet so long as the configuration is maintained, the basic problem on which the triangle is based — the contested independence of Taiwan — cannot be resolved. This creates a sense of national identity frustration that will continue to generate attempts at resolution, either by Taiwan’s declaration of independence or China’s forced reunification (or both). editor ofAsian Survey, has written or editedSino-Soviet Normalization and Its International Implications (1992),China’s Quest for National Identity (with Samuel Kim, 1993), and many other analyses of Chinese domestic and foreign policy. His most recent book (with Haruhiro Fukui and Peter N.S. Lee) isInformal Politics in East Asia (Cambridge, 2000).     

Medical devices

This article is adapted from his testimony before the U.S. House of Representatives Subcommittee on Health and the Environment and the Committee on Energy and Commerce on November 6, 1990.     

Public Opinion and Collective Obligations

This article attempts to identify the general principles that underlie public reasoning about collective obligations and that help explain when political parties can create new obligations or defend existing ones. I use these principles to President Clinton’s unsuccessful attempt to create government health-care plan and attempts by President Bush to privatize Social Security. The success of a party in selling – or defeating – an obligation depends upon what people believe about the competence and capacity of government and the value of autonomy – choices made by each citizen; whether people perceive the obligation as providing floors or establishing ceilings by limiting choice or otherwise restricting opportunities for the better-off; and whether the program is more like insurance or more like welfare. A party’s ability to maintain credibility with voters also depends upon whether party leaders can suppress issues that threaten intra-party elite pacts. When attempts to suppress “taboo” issues like “stem cells” or “black crime” fail, the party loses credibility with its voters and attempts to defend or sell obligations fail.

Beyond Good and Evil: The Black–White Divide in Critical Race Theory

Derrick Bell’s work challenges the dichotomy that separates legitimate legal reasoning from “mere” fiction through hybrids that play across science fiction, Platonic dialogue, and autobiography. Despite its merits, I argue that Bell’s position reifies and strengthens, rather than deconstructs, structures of tyranny; it maintains the problematic rhetorical construction of United States race relations in terms of the black–white divide, either alienating, or leaving little or no room for other racial groups constructively to revise power and identity. In contrast, bell hooks’, Mari Matsuda’s and Robert Chang’s work, though tentatively sketched, construes current race and gender relations in terms of a chiaroscuro of power, rather than a simple dichotomy.

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To Build A “Harmonious World”: China’s Soft Power Wielding in the Global South

This study attempts to answer a new but important question in China’s foreign policy— how Beijing has wielded its soft power to construct its ideal of international order in the age of China’s rise. Before empirical analyses, this study tries to set up a conceptual framework on the relations between the idea of “harmonious world” and China’s soft power wielding in its rising process. Within this framework, this study examines a rising China’s foreign policies towards three targeted regions in the global south—Africa, East Asia, and Latin America. On the one hand, due to Beijing’s carefully-designed and soft power-based foreign policies, the global south has become an increasingly harmonious environment for Beijing to cultivate a favorable national image, exert its political influence on regional affairs, benefit its own domestic economic developments, etc. On the other hand, some problems such as the so-called “China’s New Colonialism” and the increased vigilance from the other powers have already began to challenge Beijing’s harmony in those regions. Sheng Ding is assistant professor of political science at Bloomsburg University. He received both his masters and doctoral degrees from Rutgers. His research interests include soft power in international relations; transnational identity in globalization; information technology and world politics; politics in Pacific Asia; Chinese politics and foreign policy; U.S.-China relations, etc. His research articles have been published by Pacific Affairs, Nationalism and Ethnic Politics and East Asia: An International Quarterly. The author would like to thank the anonymous reviewers for their useful comments on the draft of the paper.     

Are the powers of traditional leaders in South Africa compatible with women’s equal rights?: Three conceptual arguments

This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and to explore the implications that this has for women’s equality and equal human rights. This is a particularly pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable, for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the claim that this is one way of recognizing people’s rights and freedoms in a new democracy. The Traditional Leadership and Governance Framework Act 2003, omits reference to the “powers” of traditional leaders, but rather refers to “functions and roles” which was regarded as something of a victory for women’s rights groups. However, the Commission on Gender Equality (CGE) and others point out that this victory has been all but nullified by the Communal Land Rights Act, 2004, which allocates powers of land administration to traditional councils, which are headed by traditional leaders. In any event, the “functions and roles” that traditional leaders are allocated in terms of the 2003 Act are sufficiently extensive that they may be seen to allocate “power” with the reference to lesser competence appearing to be a mere semantic device for the sake of compromise.     

Peter Berger and the Comedic Drama of Political,Economic and Social Life

Peter L. Berger’s work offers his readers a window into the human drama in all its dimension: political, economic and social. He invites his readers to think intensely, endlessly, and shamelessly about the doings of man. Through a comparative analysis of Invitation to Sociology this paper discusses Berger’s contributions to the sciences of man in terms of methodological individualism, the theory of unintended consequences, spontaneous sociability, institutional analysis, and freedom. In so doing, I hope to show that Berger’s work demonstrates the intellectual power of spontaneous order analysis and the link between the humanistic project in sociology and our understanding of the human condition in general and the freedom of the individual in society in particular.