Externalizing Human Rights: From Commission to Council, the Universal Periodic Review and Egypt

Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper offers an institutional account of the expansion of NGO externalization opportunities from the CHR to the HRC, and during UPR institution building and Egypt’s 2010 UPR. It draws on 45 longitudinal, open-ended interviews with Egyptian human rights activists, donors, and other observers conducted in 2007 and 2010.     

Setting the agenda: Social influence in the effects of the Human Rights Committee in Latin America and Central and Eastern Europe

Analyzing original data from Latin America and Central and Eastern Europe, this article explores the influence of the Human Rights Committee (HRC) of the United Nations (UN) in the configuration of states' normative agendas and the roles they seek to play. Focusing on the HRC's reporting procedure, the article investigates whether states adjust the substantive content of their periodic reports to mimic the human rights agenda explicitly set by the HRC through its concluding observations reports. The article finds that states take the HRC seriously and play the role of “good,” committed members of the human rights regime, following in their periodic reports the agenda of rights previously set by the HRC. The article, therefore, offers a specific theoretical argument and systematic, original evidence on the potential and the limits of the influence of the organs of the international human rights regime.     

Protecting Sovereignty,Protecting the Planet: State Delegation to International Organizations and Private Actors in Environmental Politics

As global interdependence grows, states often use international organizations to achieve both domestic and foreign policy goals. One way states respond to demands for cooperation is to delegate to international organizations and private actors. In this article, we use new data spanning a century of international environmental law to understand when and why states delegate to international organizations to manage environmental problems. We find that delegation is a persistent phenomenon that facilitates the implementation of states' preferences. However, they make this decision with care: States tend to delegate functions with lower sovereignty costs, such as implementation and monitoring, but rarely delegate rule making and enforcement. We also find that heterogeneous preferences among states increases the likelihood of delegation. Overall, our results suggest that states seek to delegate out of a motivation both to reduce transaction costs and to establish credible commitments.     

Civil society and the contemporary threat to religious freedom in Bangladesh

ABSTRACT

Against the international backdrop of rising religious tensions, this article explores contemporary civil society views on religious freedom in Bangladesh. It uses critical frame analysis of the corpus of civil society organizations’ (CSOs) submissions to the United Nations’ third cycle Universal Periodic Review (UPR), 2013–18. It provides a timely assessment of Bangladesh’s fulfilment of international obligations on religious freedom, and shows how the politicization of religion and the resultant conflict between ‘secularism’ and ‘extremism’ have been fuelling inter-communal tensions and religious intolerance. In particular, CSOs’ UPR submissions present powerful accounts of the principal human rights pathology affecting the country today, religious-based violence. This is accompanied by a narrative of police malpractice, judicial failings, discrimination, oppression and incitement. A further key finding is ‘situated knowledge’ or first-hand accounts of legal restrictions and government repression of civil society organizations. Consonant with the classical work of liberal theorists, we argue that unprecedented importance now attaches to safeguarding civil society criticality in order to defend religious freedom and uphold human rights in the Republic.     

Sex Trafficking: Trends,Challenges, and the Limitations of International Law

The passage of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children in 2000 marked the first global effort to address human trafficking in 50 years. Since the passage of the UN Protocol international organizations, non-governmental organizations, and individual states have devoted significant resources to eliminating human trafficking. This article critically examines the impact of these efforts with reference to the trends, political, and empirical challenges in data collection and the limitations of international law. I argue that current international law disproportionately addresses the criminal prosecution of traffickers at the expense of trafficking victims’ human rights, and has therefore not yet reached its full potential in the fight against human sex trafficking.     

International cooperation on global warming and the rights of future generations

This article argues that the declaration of principles for a global warming convention should include a reference to the rights of future generations to a livable planet. While such a declaration may not result in the creation of actual legal powers, such a declaration is important simply because rights for future generations are not the current expectation, or norm. Regime theory maintains that regimes for international cooperation are formed by the convergent expectations of the regime's members and by behavioral regularities regarding those expectations. Developing a regime for international cooperation on global warming that is cognizant of the rights of future generations may require evidence of potential impact on future generations. Development of knowledge-based (epistemic) communities at the domestic and international levels regarding that impact may, by promoting convergent expectations and behavioral regularities, help to establish norms for present generations.In the end, individual values are what drive social change. Progress toward sustainability thus hinges on a collective deepening of our sense of responsibility to ourselves and to future generations. Without a reevaluation of our personal aspirations and motivations, we will never achieve an environmentally sound global community.Brown et al., 1990: p. 175     

Ageing with Dignity: Old-Age Pension Schemes from the Perspective of the Right to Social Security Under ICESCR

The ‘dignity and worth of the human person’ emphasised in international human rights instruments resonate strongly in relation to the world’s ageing population, which is projected to be the fastest growing population group in the world and often among the most vulnerable. While elderly persons as a group are heterogeneous and their socio-economic life situation varies significantly between individuals, the need for universal support mechanisms such as non-contributory old-age benefits have been recognised by many states, and currently, over 100 countries around the world provide some form of social pension targeted towards the elderly populations. This article appraises a sample of these old-age pension schemes from the perspective of the right to social security, with particular emphasis on the dignity and worth of the human person as espoused within the international human rights regime.     

联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

Foreign Policy and Human Rights Advocacy: An Exercise in Measurement and Explanation

This article addresses three questions: How can we define and measure what constitutes a foreign policy in human rights? How is it possible to explain both the activism of a state and its ideological orientation in the international promotion of human rights? What is the empirical evidence found when we try to answer these questions in intermediate states? Research done on four cases (Argentina, Australia, Brazil and South Africa) suggests a correlation between domestic efforts in the promotion of human rights and international advocacy. It also shows that the greater the power of intermediate states, the greater their activism in human rights. Further, as development grows states show less support for economic, social and cultural rights. Last, the strategic relation with the USA shapes how states vote regarding human rights violators states.     

How do international human rights influence national healthcare provisions for irregular migrants?: A case study in France and the United Kingdom

Debates about human rights have often questioned their potential for generating rights at national levels. In this article, we use the case of irregular migrants' access to health care in the United Kingdom and France to explore the extent to which international human rights influence national health care provisions for irregular migrants. We explore the extent to which health care access and provision for irregular migrants in these two countries is in agreement with international human rights. In so doing, we examine what constitutes an infringement of the international human right to health care. Finally, we sketch out some hypotheses about the role played by different state structures in the implementation of human rights norms, comparing the United Kingdom with France. We argue that, although international human rights often have a largely symbolic role in nation-state jurisdiction, they may sometimes represent a force for change.     

Resource Allocation Towards Socioeconomic Rights: Lessons from Domestic Courts

The question of resource allocation is particularly pertinent to the realisation of socioeconomic rights. Perceptions of the place of resource allocation impact the adjudication of these rights. This article departs from the premise that with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural rights allowing individual communications and the establishment of the African Court on Human and Peoples’ Rights, there will be an increase in resource allocation questions for adjudication. The article interrogates the experience of national courts and examines potential lessons that can be adopted at the international level to overcome the reluctance that supra-national tribunals may have when adjudicating on states obligations to fulfil.     

Competing paradigms in policy discourse: The case of international human rights

This article analyzes the different paradigms of human rights policy discourse that characterize non-governmental organizations (NGOs) and governments. Focusing on Canadian-based human rights NGOs and the Canadian government, it uses a five-fold classification scheme to make sense of these competing paradigms of discourse: (1) process: how actors define themselves, and how they define their roles within the international human rights machinery; (2) objectives: perceptions of the purpose of the international human rights system and goals to be pursued therein; (3) scope: the breadth of issue definition and consequent action; (4) evidence: the standards whereby empirical claims are filtered, constructed and judged; and (5) action strategies: the enduring patterns of practical action founded upon the preceding categories. The article shows that despite shared objectives and a common commitment to human rights, NGO and government discourses differ sharply and yield markedly different action strategies. Progress in international human rights will continue to depend on NGO-government collaboration, however, and the article ends with some observations on how these differences in discourse might be addressed.     

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.     

The Institutionalization of Private Governance: How Business and Nonprofit Organizations Agree on Transnational Rules

This article assesses the recent trend of cooperation among antagonistic private actors that results in the creation and implementation of issue-specific transnational norms and rules and the subsequent shift from public to private forms of governance. Many political scientists agree that authority also exists outside of formal political structures. Private actors increasingly begin to make their own rules and standards that acquire authority beyond the international system. This observation is often referred to as private transnational governance as opposed to public or international governance. Although the concept of private governance gains prominence in academic debates, it is not clear how private governance on the global scale is constructed and maintained or what specific or general conditions are necessary for private governance to emerge. Based on the review of common theoretical propositions, this article develops an integrated model along which the necessary conditions for the emergence of private governance can be assessed and understood. As most research has hitherto focused on institutionalized cooperation between business actors (self-regulation), this article takes a closer look at those transnational systems of rule that result out of the enhanced cooperation between profit and nonprofit actors (coregulation).     

The law and politics of transnational rights protection: Trusteeship,effectiveness, de-delegation

International trustee courts embody a specific form of delegation, in which state principals confer on such courts the authority to interpret and apply treaties agreed by the states in order to realize specific values and interests. Human rights courts help states resolve commitment and enforcement problems that are inherent in human rights treaties. This study seeks to answer the question, what happens when states parties seek to reduce or eliminate the authority of a human rights court? To answer these questions, the article assesses six human rights treaty regimes: the Council of Europe; the Organization of American States; the African Union; the Economic Community of West African States; the East African Community; and the Southern African Development Community. The article identifies four types of de-delegation possible with respect to international human rights courts and assesses the extent to which states have sought to de-delegate from them. With one exception (the SADC Tribunal), the regimes examined here have so far successfully withstood the challenge of de-delegation.     

United Nations General Assembly Resolutions in the Formation of the Outer Space Treaty of 1967

ABSTRACT

The launch of Sputnik in 1957 followed by Explorer in 1958 showcased the potential of space and stressed the need for a robust body of law legislating space as beneficial to all states. Following the launches, a series of resolutions by the United Nations’ General Assembly developed the core principles of international space law. This article conducts an analysis of resolutions passed from 1957 to 1967 to understand the genesis of space law principles as reflected in the Outer Space Treaty of 1967. These principles include sovereign equality, peaceful purposes and international cooperation, non-appropriation of space, common heritage of mankind, environmental protection, and how to address non-governmental entities engaged in space activities.     

The International Legal Framework and Armed Groups

This article explores the contribution of the international legal framework to strategies for exercising leverage over and engaging with non-state armed groups. In addressing the framework’s relevance in meeting these challenges, it examines the tensions between hierarchy and reciprocity in international law; key normative developments in international human rights and international humanitarian laws, the issue of existing gaps in the protective framework envisaged by these two bodies of law, and the impact of their growing intersections; recent trends in the international arena that point toward the expansion, as well as restriction, of the normative space and their implications; and, in light of the opportunities/challenges identified, the international legal framework’s prospects for articulating credible engagement strategies with non-state armed groups.     

Legislative Veto Players and the Effects of International Human Rights Agreements

Do national legislatures constitute a mechanism by which commitments to international human rights treaties can be made credible? Treaty ratification can activate domestic mechanisms that make repression more costly, and the legislative opposition can enhance these mechanisms. Legislative veto players raise the cost of formalistic repressive strategies by declining to consent to legislation. Executives can still choose to rely on more costly, extralegal strategies, but these could result in severe penalties for the leader and require the leader to expend resources to hide. Especially in treaty member‐states, legislatures can use other powers to also increase the cost of extralegal violations, which can further reduce repression. By using an empirical strategy that attempts to address the selection effects in treaty commitment decisions, I show that positive effects of human rights treaties increase when there are more legislative veto players.     

The Role of National Human Rights Institutions in the Implementation of the UN Guiding Principles

National human rights institutions (NHRIs) are key domestic mechanisms for promotion and protection of human rights. The institutions' broad mandate, competencies, and special status between state and nonstate actors on the one hand, and special status between the national and international levels on the other hand enable them to engage effectively in the field of business and human rights. Since 2009, NHRIs have been engaging with the international human rights system in order to increase understanding and raise awareness of their role in addressing business and human rights issues. As a result, they have contributed to the development of the UN “Protect, Respect and Remedy” Framework and obtained an evolving role within all pillars of the framework and in its implementation. This paper presents how these domestic institutions, bridging the national and international levels, fit into the UN legal regime for corporate responsibility for human rights and what contribution they make to the implementation of the UN Guiding Principles.     

Domestic Attitudes Towards International Jurisdiction over Human Rights Violations

Building on research regarding the influence of national identity salience on attitudes towards international institutions and the impact of nationalism on foreign policy preferences, in a case study of America, I explore the role of chauvinistic nationalism to understand its impact on attitudes towards international jurisdiction of punishment for alleged human rights violations by members of the American military. Using binomial regression of survey responses from the 2014 Cooperative Congressional Election Study, I find that respondents with higher levels of chauvinistic nationalist sentiment also have higher levels of opposition to the jurisdiction of international legal institutions to prosecute members of a nation’s military. This study is the first of its kind to offer a systematic and multivariate explanation for public opinion towards the jurisdiction of international human rights institutions over a nation’s armed forces using national survey data.