Domestic Judicial Institutions and Human Rights Treaty Violation

Democratic and autocratic states routinely violate their international agreements protecting human rights. Scholars typically link ratification and compliance behavior theoretically but test their models separately; however, if the behaviors are jointly determined then we should treat them that way empirically. We consider how domestic judiciaries influence the joint choice to ratify and comply with international human rights regimes. Using data on the ratification status of states under the Convention Against Torture (CAT), states' torture practices, and a series of measures of judicial effectiveness, we examine whether legal institutions are likely to constrain state behavior and by implication raise the costs of ratification.     

The role of infrastructural and coercive state capacity in explaining different types of electoral fraud

While effective state capacity can reasonably be considered a necessary condition for democratization, strong states do not automatically produce democratic regimes, nor do they guarantee their survival. Far from being sufficient conditions for democracy, strong or capable states are also thought to be indispensable for the maintenance of autocratic rule. The present article puts to the test the hypothesis that a certain level of state capacity is needed to engage in effective electoral malpractice, using general and more specific indicators of electoral fraud. This article proposes two opposing mechanisms through which state capacity can influence the quality of elections: through infrastructural state capacity and coercive state capacity. The article demonstrates that electoral fraud is more likely in countries where infrastructural state capacity is weak and that coercive state capacity plays a more ambiguous role than previously thought. The analyses also reveal that different factors are at work when looking at precise types of electoral malpractice rather than general measures: voter and candidate intimidation, fraudulent tabulation of votes, unfair media coverage of campaigns and vote buying seem to engage different sets of facilitating structures.     

Judgement without justice: on the efficacy of the European human rights regime

The European Court of Human Rights (ECtHR) is widely regarded as the most important human rights court worldwide. This article investigates the extent to which the court addresses cases from countries with the worst human rights performance. Using a new data set on all ECtHR judgments from 1995–2012, the analysis suggests that the ECtHR does not deliver its judgments against members of the Council of Europe with the worst human rights records, but instead against more democratic and affluent states. The reason is that litigating in front of a supranational court requires capacities that vulnerable people are unlikely to possess, except when aided by transnational advocacy groups. However, more judgements are issued against countries that lack independent judiciaries, where cases are less likely to be resolved at the domestic level. While the ECtHR might not address the worst human rights crimes, it plays a subsidiary role in the European human rights protection system by compensating for weak domestic judiciaries. However, the court's inability to independently pursue litigation, together with the lack of capacity in some countries to bring cases forward, have hampered more effective protection of human rights for the most vulnerable in Europe.     

Fragile states

Since the 1990s, states that lack the capacity to discharge their normal functions and drive forward development have been referred to as ‘fragile states’. This article focuses on Africa, which not only has the largest concentration of prototypical fragile states, but has been the focus of attention for scholars, international development agencies, and practitioners. The author reviews competing analyses of the post-colonial African state and concludes that its characteristics of weak institutions, poverty, social inequalities, corruption, civil strife, armed conflicts, and civil war are not original conditions, but are rooted in specific historical contexts. It is essential to understand both the external and internal factors of fragility if such states are to get the assistance and empowerment that they need – not only for the benefit of their impoverished citizens, but also for the sake of global peace, prosperity, and security. Ultimately, it is the citizens of the countries concerned who are responsible for determining when states are no longer fragile – not ‘benevolent’ donors and the international community, whose prime motivation for interventions supposedly to strengthen the state is to ensure that fragile states find their ‘rightful’ places in the hegemonic global order.     

Impact of human rights on U.S. foreign assistance to Latin America

Building upon the contributions of previous studies of U.S. foreign aid, this study examines the relationship between human rights and U.S. foreign assistance. Concentrating on the years 1979–1985, the impact of human rights conditions on both economic and military aid allocations to Latin America is analyzed. The results of this analysis indicate that though other factors have a significant effect upon aid allocation, human rights are an important factor in determining the allocation of both U.S. economic assistance and U.S. military assistance. The findings suggest that those countries with better human rights conditions are likely to receive more U.S. aid than others.     

EU assistance for civil society in Kosovo: a step too far for democracy promotion?

EU assistance for Kosovo is the most ambitious external relations venture embarked upon by the Commission to date. Not surprisingly, much of the aid is framed in terms of ‘civil society’ and channelled through a handful of local non-governmental organizations (NGOs). But attempts by foreign donors to promote civil society exogenously across post-socialist Eurasia are deemed to have achieved little in terms of stimulating individual participation and civic engagement. In response the EU appears to have refined its approach by combining the usual support for larger NGOs with more basic assistance for grassroots networks and community-based initiatives. Whilst such a twin-track strategy is arguably appropriate in the context of Kosovo where civil society participation is particularly low, in terms of maximizing the critical development of transactional capacity the approach may fail to target resources most effectively. It is argued here that there is a danger that normative concerns about liberal pluralism, enriching civil society and ensuring that assistance is widely dispersed may ultimately detract from the imperative of deploying limited resources first and foremost to secure a core of sustainable NGOs with developed capacity to engage government, the international community and other non-state actors in the process of policy reform. Indeed, drawing on the experience of civil society assistance in new member states of Central and Eastern Europe, it would seem that although NGOs are often criticized for their detachment from community organizations and campaigns, they perform a critical ‘behind the scenes’ role in policy change and state transformation. They can, if donor funding is appropriately targeted, facilitate the emergence of civil society networks through which small community organizations are then linked with larger, established and capacity-endowed organizations.     

Triadic Deterrence: Coercing Strength,Beaten by Weakness

Triadic deterrence is the situation when one state uses threats and/or punishments against another state to coerce it to prevent non-state actors from conducting attacks from its territory. Under what conditions is triadic deterrence successful? Some attribute outcomes to the balance of power between states. By contrast, we argue that the complex asymmetrical structure of this conflict requires attention to the targeted regime's relationship to its own society. The stronger the targeted regime, the more likely deterrent action will prove effective. Moving against non-state actors requires institutional capacity, domestic legitimacy, and territorial control, which only strong regimes are able to furnish. Whereas strong regimes can act to uphold raison d’état, weak regimes lack the political tools and incentives to undertake controversial decisions and enforce them. We illustrate this argument through analysis of between- and within-case variation in Israel's attempts to deter Palestinian groups operating from Egypt between 1949 and 1979, and from Syria since 1963.     

Promoting democracy or the external context? Comparing the substance of EU and US democracy assistance in Ethiopia

This article analyses the substance of the European Union's and United States' democracy assistance in Ethiopia in 2005–2010. Does this case reveal a transatlantic split, whereby the EU focuses on the external context and the US on the partial regimes of embedded, liberal democracy? Emphasizing the importance of institutions in analysing how interests and ideas affect democracy assistance, the article investigates how the substance may differ between the European Development Fund (EDF), European Instrument for Democracy and Human Rights (EIDHR), US Agency for International Development (USAID) and the National Endowment for Democracy (NED). The analysis finds a transatlantic split whereby the EU focused more on the external context and the US more on the partial regimes. This transatlantic split can be explained by the combination of ideas and institutions. More specifically, it reflects a difference between the EDF and USAID in their focus on ownership, alignment and harmonization in democracy assistance. The combination of interests and institutions played a less significant role in explaining the substance of democracy assistance, as USAID emphasized the partial regimes, despite political control from the State Department.     

Democracy promotion and the challenges of illiberal regional powers: introduction to the special issue

This special issue examines Western efforts at democracy promotion, reactions by illiberal challengers and regional powers, and political and societal conditions in target states. We argue that Western powers are not unequivocally committed to the promotion of democracy and human rights, while non-democratic regional powers cannot simply be described as “autocracy supporters”. This article introduces the special issue. First, illiberal regional powers are likely to respond to Western efforts at democracy promotion in third countries if they perceive challenges to their geostrategic interests in the region or to the survival of their regime. Second, Western democracy promoters react to countervailing policies by illiberal regimes if they prioritize democracy and human rights goals over stability and security goals which depends in turn on their perception of the situation in the target countries and their overall relationships to the non-democratic regional powers. Third, the effects on the ground mostly depend on the domestic configuration of forces. Western democracy promoters are likely to empower liberal groups in the target countries, while countervailing efforts by non-democratic regional powers will empower illiberal groups. In some cases, though, countervailing efforts by illiberal regimes have the counterintuitive effect of fostering democracy by strengthening democratic elites and civil society.     

Dead-Letter Regimes in the Post-Soviet Space: Strategies and Communication

ABSTRACT

This article explores why dead-letter regimes, sets of norms and institutions with low efficiency and few expectations of tangible output, have become an enduring feature of international politics in the post-Soviet space. It focuses on the Collective Security Treaty Organization and the Eurasian Economic Union, the two regional regimes promoted by Russia. The article analyzes their emergence and evolution, normative frameworks, performance and member states’ expectations. It argues that, while mostly failing as instruments of strategic action, these regimes have become conduits of communicative action and arenas enabling member states to enact specific international roles.     

Globalisation and the Restructuring of State Power in the Arab World

The dynamics of change in the Arab world today are part of a much larger global process–the neo-liberal phase of globalisation–that started in the 1980s and engendered a process of state power restructuring, both for peripheral “weak” states and core industrialised countries. Beyond national differences, the restructuring of the Arab states has implied the consolidation of neo-authoritarian political regimes characterised by fragmentation of the power structure and by an increase in informal modes of government (neo-patrimonialism, corruption), accompanied by the parallel political and economic marginalisation of large sectors of society. These less centralised and more elitist regimes are likely to be more dependent and vulnerable than their predecessors to external pressures and foreign influence.     

Atrocities and armed conflict: state consolidation in Israel, 1948–56

This paper contrasts four cases of atrocity in the early years of the Israeli state and contends that, due to ethnic-cleansing incentives, competitive inducements and outbidding, the stated Israeli ideology of self-restraint had little impact on policy. The article further argues that, during the early periods of democratic state consolidation, democratic states act in very similar ways to authoritarian states and that little restraint is exercised in relation to ‘enemy’ civilians located within the territorial boundaries of the new state. In this respect, arguments that democracies are superior to non-democracies with regard to respect for human rights might be called into question during the initial phases of state consolidation. The paper speci?cally questions how con?ict stalemates impact on the use of violence against noncombatants in order to tip the balance of the war and it argues against the assertion that only paramilitaries would ever use terror against unarmed civilians.     

Human rights treaties and mobilized dissent against the state

How does state obligation to international human rights treaties (HRTs) affect mobilized dissent? We argue that obligations to protect human rights affect not only state behavior but also the behavior of dissidents. We present a theory in which the effect of HRTs on dissent is conditional on expectations of when it will constrain government behavior. We assume that HRT obligation increases the likelihood that government agents face litigation costs for repression but argue that leaders are only constrained when they would be most likely to repress. The expectation of constraint creates opportunity: citizens are more likely to dissent in HRT-obligated states with secure leaders and weak domestic courts. We find empirical support for the implications of our theory using country-month data on HRT obligation and dissent events from 1990 to 2004.     

Confidence-Building Measures in Eurasian Conflicts: New Roles for the OSCE’s Economic and Environmental Dimension in Easing East-West Tensions†

Western-Russian relations are inarguably at their worst of the post-Cold War era. The Organisation for Security and Co-operation in Europe (OSCE) remains a key international forum for multilateral engagement. Part of the OSCE’s uniqueness is its formation around three dimensions of security, which constitute its comprehensive security. The Economic and Environmental (EED) is the most overlooked yet, as this paper demonstrates, also possesses substantial capacity for easing some tensions. Through, first, an analysis of the place of EED in the OSCE, and thus between the West and Russia, the article establishes potentialities for cooperation. Second, it identifies lack of support, most notably among Western governments, rather than post-Soviet, and the place of EED activities in post-Soviet states. Third, the article pinpoints unexpected but very real forms of cooperation in the EED in the protracted post-Soviet conflicts of Transnistria-Moldova and Abkhazia-Georgia, which can establish trust between parties with the potential to expand confidence-building further. The article concludes by calling for further use of the EED, in a time when it remains underestimated but of unexpected – and essential – value for confidence-building.     

Make Hegel great again: on Hegel’s epistemological contribution to critical terrorism studies

ABSTRACT

Despite the contribution of Foucaultian inspired approaches to Critical Terrorism Studies, this article invites us to consider Hegel’s epistemological insights. Foucault’s power-knowledge nexus is an invaluable intellectual tool which reveals how terrorism can be a “social fact”, yet it rests on a genealogical account of history and a passive notion of subjectivity determined by power (regimes). Hegelian philosophy maintains some of the benefits met in Foucault’s approach (sociality and contingency of knowledge) while providing a richer epistemological account. This article introduces Hegel’s epistemological insights to: i) challenge the portrayal of terrorism as a major external threat against the western liberal democratic states in the vein of “New Terrorism” or the “Clash of Civilizations”; and ii) domestically explore how the concept of liberal democratic rights, equality, freedom affect the interpretation of counter-terrorist bills, the threat perception of terrorism and domestic polarisation. Hegel’s insights critically interrogate the notions of “liberal rights”, “equality” and “freedom”, revealing how their ambiguous definition accommodates inherent contradictions which can fuel a controversial interpretation of counter-terrorist bills, leading to domestic polarisation and (reciprocal) radicalisation. Therefore, Hegel’s epistemological insights reveal how the defective definition of human rights, equality and liberty can amplify the effects of Terrorism and radicalisation.     

Money with a Mean Streak? Foreign Economic Penetration and Government Respect for Human Rights in Developing Countries

This study examines the relationship between foreign economic capital and the level of government respect for two types of human rights in developing countries. Two opposing schools of thought offer explanations as to what this relationship might be like. According to the liberal neoclassical school, the acceptance of liberal economic doctrine will provide positive political benefits to developing countries. The "dependency" school, on the other hand, argues that because ties between core and periphery elites give governments in developing nations an incentive to repress, human rights conditions will worsen as foreign economic penetration increases. The results of previous empirical queries into this matter have been mixed. In contrast to most studies, we focus on a broader measure of foreign economic capital, including foreign direct investment, portfolio investment, debt, and official development assistance. Using ordered logit analysis on a cross-national sample of forty-three developing countries from 1981 to 1995, we discover systematic evidence of an association between foreign economic penetration and government respect for two types of human rights, physical integrity rights and political rights and civil liberties. Of particular interest is the finding that both foreign direct investment and portfolio investment are reliably associated with increased government respect for human rights.     

When actions speak louder than words: examining collective political protests in Central Asia

What explains the dynamics of contentious collective political action in post-Soviet Central Asia? How do post-Soviet Central Asian citizens negotiate the tensions between partaking in and abstaining from elite-challenging collective protests? By analysing cross-national attitudes in two Central Asian states, this article (1) systematically analyses the variation in collective protests by testing rival macro-, meso-, and micro-level theories; (2) reintroduces a conceptual and empirical distinction between low-risk and high-risk collective protests; and (3) examines the conditions under which individuals participate in two distinct types of elite-challenging collective actions. Three conclusions are reached. First, the evidence suggests that nuanced consideration of multi-level theoretical perspectives is necessary to explain contingencies of elite-challenging actions. Second, economic grievances and resource mobilization emerge as leading factors driving both low-risk and high-risk protests. Third, Islamic religiosity and social networking robustly predict participation in high-risk collective action.     

Evaluating the influence of international norms and shaming on state respect for rights: an audit experiment with foreign embassies

ABSTRACT

How do international norms affect respect for human rights? We report the results of an audit experiment with foreign missions that investigates the extent to which state agents observe international norms and react to the potential of international shaming. Our experiment involved emailing 669 foreign diplomatic missions in the United States, Canada, and the United Kingdom with requests to contact domestic prisoners. According to the United Nations, prisoners have the right for individuals to contact them. We randomly varied (1) whether we reminded embassies about the existence of an international norm permitting prisoner contact and (2) whether the putative email sender is associated with a fictitious human rights organization and, thereby, has the capacity to shame missions through naming and shaming for violating this norm. We find strong evidence for the positive effect of international norms on state respect for human rights. Contra to our expectations, though, we find that the potential of international shaming does not increase the probability of state compliance. The positive effect of the norms cue disappears when it is coupled with the shaming cue, suggesting that shaming might have a ‘backfire’ effect.     

The United Nations and Terrorism: Rethinking Legal Tensions Between National Security, Human Rights, and Civil Liberties

As the international community responds to the September 11 attacks and the general war on terrorism, member states in the United Nations (UN) must continue to address the balance between the rights of the individual and the security of the state. This study highlights the various roles that the UN plays in combating transnational terrorism through norm setting, codification of human rights law, as well as the drafting and effective implementation of 12 key multilateral agreements aimed at counter-terrorism. In these ways, the UN provides direction and guidance for implementing human rights rules and the ways in which they should be enforced. Even so, national governments must make these rules work. In a system of sovereign states, the role of the UN organization in checking or reversing these human rights abuses remains severely limited and largely dependent upon the political will of the member states. As a consequence, part of the price paid for protecting national security against threats posed by terrorism may well be the curtailment of some human rights and civil liberties within the liberal democratic state.     

External Intervention in Ethnic Conflict

Recently, ethnicity has received greater attention from international conflict scholars. This study explores a new aspect of how ethnic composition of states and the power of ethnic kin affect external state interventions in ethnic conflicts. Here it is hypothesized that states with dominant ethnic groups but still-significant ethnic minorities are expected to be more prone to intervention in ethnic conflict than states without one of these two characteristics. A new measure is proposed to capture such variation in ethnic composition more precisely. Looking at large-N panel data, it is found that ethnically fractionalized states with dominant ethnic groups are indeed the most likely to intervene in ethnic conflicts. Additionally, the power of the embattled ethnic kin minority, as determined by its settlement patterns in the host state, also increases the likelihood of intervention. Traditional variables like proximity and capability retain statistical significance. However, ethnic variables have the strongest effects on interventions in ethnic conflict.