What was all the shouting about?: Strategic bargaining and protest at the WTO Third Ministerial Meeting

This article challenges key aspects of theories on norms evolution, transnational advocacy, and social movements. It demonstrates that the “emergence” phase of the “norms life cycle” model (Finnemore and Sikkink 1998) is more internally contested than currently interpreted. It develops two alternatives to the “boomerang” model of transnational advocacy (Keck and Sikkink 1998). It highlights and explains differences—rather than similarities—in the framing strategies of actors involved in globalized protests. It explores the influence of several key “microsociological factors” (Giugni 2002) on the evolution of those stragegies. Empirically the article focuses on the World Trade Organization's Third Ministerial meeting at Seattle in 1999. It analyzes why and how social movement actors framed different interpretations of the human rights at stake in the context of international trade. Framing innovations may have had short-term strategic value at Seattle, but did not lead to a unified understanding of human rights, either among activists themselves or among the government and corporate actors they sought to influence through protest.     

Co-operation,Contestation and Complexity in Post-Conflict Security Sector Reform

ABSTRACT

Security Sector Reform (SSR) remains a key feature of peacebuilding interventions and is usually undertaken by a state alongside national and international partners. External actors engaged in SSR tend to follow a normative agenda that often has little regard for the context in post-conflict societies. Despite recurrent criticism, SSR practices of international organisations and bilateral donors often remain focused on state institutions, and often do not sufficiently attend to alternative providers of security or existing normative frameworks of security. This article provides a critical overview of existing research and introduces the special issue on ‘Co-operation, Contestation and Complexity in Post-Conflict Security Sector Reform’. We explore three aspects that add an important piece to the puzzle of what constitutes effective SSR. First, the variation of norm adoption, norm contestation and norm imposition in post-conflict countries that might explain the mixed results in terms of peacebuilding. Second, the multitude of different security actors within and beyond the state which often leads to multiple patterns of co-operation and contestation within reform programmes. And third, how both the multiplicity of and tension between norms and actors further complicate efforts to build peace or, as complexity theory would posit, influence the complex and non-linear social system that is the conflict-affected environment.     

Who governs? Delegations and delegates in global trade lawmaking

Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation and delegate attendance and participation in UNCITRAL's Working Group on Insolvency, we find that the inner core of global trade lawmakers at UNCITRAL represent a tiny and unrepresentative subset of state and non‐state actors. This disjunction between UNCITRAL's public face, which accords with a global norm of democratic governance, and its private face, where dominant states and private interests prevail, raises fundamental questions about legitimacy and efficacy of representation in global lawmaking.     

‘Domestic transnationalism’: legal advocacy for Mexican migrant workers' rights in Canada

Every year thousands of Mexicans travel to Canada to work in Canadian fields and greenhouses under the Mexico-Canada Seasonal Agricultural Worker Program. While the programme is often praised, it has also been the subject of persistent criticism about its failure to meet certain human rights standards. In this article, we examine the legal strategies civil society advocates of migrant workers have adopted to promote migrant workers' rights in Canada. Specifically, we examine legal struggles undertaken by the United Food and Commercial Workers union to challenge Ontario government legislation that does not permit collective bargaining by farmworkers in the province. We argue that this case demonstrates that despite the fact that many of the workers involved are transnationalized, appeals to international bodies or to international human rights standards have been of limited utility in promoting their rights. Despite frequent arguments about the increased relevance of international human rights and citizenship norms and transnational human rights advocacy, in this case the national and sub-national scales remain predominant. The result, we argue, is a form of ‘domestic transnationalism’, in which domestic political actors engage in advocacy within domestic legal institutions to promote the rights of a transnational mobile labour force.     

How to Translate ‘Good Governance’ into Tajik? An American Good Governance Fund and Norm Localisation in Tajikistan

ABSTRACT

This article analyses how international norms are transferred to aid-receiving countries and with what outcomes, when tensions exist between these norms and local realities. By taking a case study of an American-funded good governance project in Tajikistan, it investigates a multi-level and multi-actor process of norm localisation, looking at why and how different development agencies re-appropriate international norms. The article proposes to see a failed localisation from the point of view of donors, in a way that outcomes differ from their initial intentions, as a successful localisation from the point of view of local actors. The distortion of international norms indicates that local actors re-appropriated them in accordance with their biographies, personal views, and political opportunities and constraints of organisations which they represent.     

The Chechen Exception: Rethinking Russia's Human Rights Policy

Orthodox interpretations of human rights policies and practices in post-Soviet Russia are often construed by external critics through a historicist lens of tsarist and Soviet-era authoritarianism. Contemporary Russia's adherence to emerging international human rights norms is commonly judged in sole reference to its human rights disaster in Chechnya. In this article, we contest the notion that human rights abuses in Chechnya fully illustrate Russia's stance on international human rights. We suggest that Chechnya is the exception in the post-Soviet era, and that Russia has increasingly brought its human rights standards in line with the West. We use a historical comparative context as well as Russia's discursive response to NATO's intervention in Kosovo and its UN Security Council voting record as empirical evidence for our argument. ¹     

You Say You Want a Revolution: the Arab Spring,Norm Diffusion,and the Human Rights Regime

We discuss how the Arab Spring is a reflection of the resiliency of the human rights regime. In order to accomplish this, we explore the extent to which the Arab Spring represents norm diffusion among Middle East and North Africa (MENA) states. Specifically, we examine the cases of Tunisia, Egypt, and Bahrain and consider how economic and demographic changes created space for human rights discourse in these countries. We find that, in the case of MENA states, the Arab Spring represents significant pressure from below. Access to new forms of social media allowed civil society to organize, publicize, and protest relatively efficiently. Social media expanded the potential role of individuals and created newly empowered latent human rights activists who emerged as leaders of the norm diffusion process. The resulting diffusion of human rights norms in the Arab region represents one of the most significant expansions of the human rights regime since the regime’s inception.     

Strange Fruit: Homophobia,the State,and the Politics of LGBT Rights and Capabilities

A tide of oppression against sexual minorities disturbs current theories explaining the globalization of lesbian, gay, bisexual, and transgender (LGBT) rights. But unlike the turn in race theory exploring rights as an outgrowth of marginalization, research on LGBT rights still focuses on structural changes or the influence of Western LGBT forms. This article argues that a powerful new and globalizing state homophobia is a convenient tool for state actors threatened by structural adjustment mandates from above and demands for greater opportunity from below. In such contexts, state actors and allies import ready-made LGBT identities as bogeymen, but in an unintended consequence, organizing among sexual minorities refracts those identities in transformative ways. From research in France, Uganda, and Egypt, this article concludes that some contexts, where the state targets LGBT rights claims as hostile, are better served through a politics of social and political capabilities over rights and identities to allow space for sexual minorities to develop.     

Domestic legislatures and international human rights law: Legislating on religious symbols in Europe

This article examines the dynamics of domestic legislatures' application of international human rights law. Specifically, this article asks the following: What factors shape how domestic legislatures apply international human rights law while they enact national law and policy? Lawmakers have a variety of motives for invoking and deliberating international law. Given these motives, the article identifies two factors — civil society actors and legal experts and the flexibility of international law — that are likely to contribute to if and how national legislatures interpret and apply international human rights law while legislating. These factors are examined through case studies on religion in schools in the United Kingdom, Germany, and France. This article argues civil society actors and legal experts and the flexibility of international law inform lawmakers' estimation of political costs related to compliance and thus how they apply international human rights law to domestic legislation.     

Justifying Human Rights: Does Consensus Matter?

This paper is a critical examination of a widely accepted method of human rights justification. The method defends the universality of human rights by appeal to diverse worldviews that converge on human rights norms. By showing that the norms can be justified from the perspective of diverse worldviews, human rights theorists suggest that there is reason to believe that human rights are universal norms that should govern the institutions of all societies. This paper argues that the evidence of plural foundations of human rights fails to increase our confidence in the universality of human rights. The paper defends the following claims: (1) the convergence on human rights is better explained as an accidental outcome than as an indicator of the universality of human rights, (2) the plurality of human rights justification is superfluous to the explanation of why human rights apply to all societies, (3) the aggregation of justifications decreases rather than increases the reliability of the universality belief, and (4) the reasonable disagreement among conflicting justifications generates an epistemic dilemma.     

With Arms Wide Shut: Threat Perception,Norm Reception,and Mobilized Resistance to LGBT Rights

This article utilizes original survey and interview data to explore why norms governing lesbian, gay, bisexual, and transgender (LGBT) rights mobilize an active resistance in some cases and not in others. Based on a comparison of Poland and Slovenia, this article shows that differing perceptions of threat define the way international norms are received in distinct domestic realms. Threat perception is heightened in cases where religion is historically embedded in the essence of the popular nation. In Poland, the Catholic Church created a role for itself as a symbol of the nation. There, the domestic opposition succeeded in framing a narrative that linked LGBT rights to external forces threatening national values. By contrast, the Catholic Church in Slovenia could neither maintain nor (re-)establish similarly strong ties to the popular nation, stifling the opposition's ability to mobilize a robust popular resistance. Whether resistance is effectual, however, is a related but separate question. The data suggest that resistance produced in high-threat contexts can be self-defeating in that it enhances the salience of the norm in the domestic setting.     

Putting “Traditional Values” Into Practice: The Rise and Contestation of Anti-Homopropaganda Laws in Russia

This article explores how “traditional values” are being used by the Russian government to refute the claim that “LGBT rights are human rights” and justify the introduction of anti-homopropaganda laws, and how members of the Russian LGBT community have sought to contest it. Centrally, it traces the development of a discourse that refutes the essentialization of sexual identity and, in doing so, seeks to challenge the focus on individual identity-based rights of contemporary human rights norms. This discursive shift has meant that opponents of the legislation have had to develop contestation strategies that collectively seek to present an alternative interpretation of “traditional values.” The article concludes by considering the implications of the Russian case for human rights norms and for the notion of universal human rights more widely, arguing that it represents a serious challenge to the viability of identity-based LGBT rights claims as a basis on which to advance observance of fundamental human rights due to their homonormativity.     

Architectures of intergenerational justice: Human dignity,international law,and duties to future generations

This article draws attention to the constitutive requirements of intergenerational justice and exposes the limitations of regulative arguments based on international human rights law. Intergenerational justice demands constraining the regulative freedom of the international community, and it is tempting to assume that adequate constraints are already contained within existing treaties including international human rights treaties. In fact, intergenerational justice demands bespoke constitutional norms at the international level, and it demands entrenching constitutional norms. International human rights law per se implies neither of these constitutive propositions and both are problematic in light of the present structure of international law. Nevertheless, a combination of arguments concerning intergenerational justice and the systemic implications of human dignity yield a more constitutive account of human rights and therefore an internal critique of the overall architecture of international law.     

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.     

Claiming rights in exile: women’s insurgent citizenship practices in the Thai-Myanmar borderlands

ABSTRACT

This paper examines insurgent citizenship practices employed by activists in the exiled Burmese women’s movement from the 1990s and onwards. Consisting of political exiles, refugees and ethnic insurgents, this movement has successfully used the transnational, transitory space of the borderlands to constitute its participants as political subjects with legitimate claims to rights, citizenship and leadership. Drawing on interviews, this analysis interrogates women’s activism through the lens of insurgent citizenship practices. Thus, how have Burmese women’s activists claimed rights and lived citizenship in exile? Three main strategies are examined: firstly, women activists have positioned themselves as political actors and authorities through involvement in governance and humanitarian aid delivery in refugee camps. Secondly, they have claimed rights and political subjectivity through engagement with international norms, networks and arenas. Thirdly, they have claimed citizenship and political influence in oppositional nation-making projects through engaging with and negotiating ethno-nationalist armed struggles. The analysis highlights the multifaceted nature of women’s insurgent citizenship practices, showing how they navigate multiple marginalized subject positions, direct their rights claims towards multiple governing authorities, and enact multiple political communities.     

The trouble with frames: Insights from India on the challenge of using collective action frames to persuade state agents

Collective action frames are a key strategy of human rights activists and educators, and central to this strategy is the ability to connect frames to a population's extant beliefs. But two dilemmas plague framing efforts directed at state agents such as police officers, who are seen as potential violators of rights. First, these actors may be less likely than members of the general public to share the beliefs in terms of which human rights workers frame rights; and second, frames by their very nature simplify reality, and fail to take into account factors that constrain state agents' actions. This article explores these issues through a case study of human rights education involving police officers in India. Educators may be able to mitigate such obstacles by basing their framing efforts on research on the specific populations with which they are working, and using frames as only one part of an approach that takes into account the limited ability of frames to encompass all aspects of the situations in which violations occur.     

Transnational Corporations and Human Rights Duties: Perfect and Imperfect

This paper aims, firstly, to bridge debates on human rights and Transnational Corporations (TNCs) within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs because their bindingness cannot be grounded in moral theory. A positive argument is introduced to interpret TNCs’ human rights duties as corresponding to virtues rather than rights. Though such duties are indeterminate regarding what constitutes adequate performance, they can be made more determinate through legal instruments outside of positive human rights law. An approach is introduced exemplifying how such approaches can achieve the end of TNCs compliance with human rights norms.     

Regulatory harmonization and agricultural biotechnology in Argentina and China: Critical assessment of state‐centered and decentered approaches

The international harmonization of technology‐related regulations seeks certain norms across diverse contexts. Harmonization efforts are based primarily on the promulgation of state‐centered command and control forms of regulation, though they may also be accompanied by the diffusion of more plural approaches that are decentered from the state. We contrast the ways in which the “proper” use of transgenic cotton seed technologies is understood in harmonizing regulations with the way this technology is used in practice in regions of Argentina and China. We find divergence that poses challenges for both state‐centered and decentered approaches to harmonization. While state‐centered approaches are blind to some critical processes on the ground, decentered strategies are found wanting in situations where norms remain deeply contested amongst actors situated in very uneven power relations. In both cases, we find that establishing and securing norms that are socially just and environmentally sustainable means attending much more explicitly to the political economies in which technological practices actually take root.     

Competition and cooperation in artificial intelligence standard setting: Explaining emergent patterns

Efforts to set standards for artificial intelligence (AI) reveal striking patterns: technical experts hailing from geopolitical rivals, such as the United States and China, readily collaborate on technical AI standards within transnational standard-setting organizations, whereas governments are much less willing to collaborate on global ethical AI standards within international organizations. Whether competition or cooperation prevails can be explained by three variables: the actors that make up the membership of the standard-setting organization, the issues on which the organization's standard-setting efforts focus, and the “games” actors play when trying to set standards within a particular type of organization. A preliminary empirical analysis provides support for the contention that actors, issues, and games affect the prospects for cooperation on global AI standards. It matters because shared standards are vital for achieving truly global frameworks for the governance of AI. Such global frameworks, in turn, lower transaction costs and the probability that the world will witness the emergence of AI systems that threaten human rights and fundamental freedoms.     

Revealing and concealing: Islamist discourse on human rights

Historically as well as contemporarily, the relationship between religion and democratic pluralism in the Muslim world has been problematic. In the Muslim world, both governments and popular movements are using religious documents (the Qur'an and the hadith) to inspire political and social change. In the process, the fusion of religion and politics that characterizes revivalist Islam has impeded the development of both democracy and religious pluralism. An area of particular concern has been the reluctance of Muslim countries to implement international standards of human rights as defined in the United Nation's Universal Declaration of Human Rights (UDHR). Since the adoption of the UDHR in 1948, there has been disagreement in the Muslim world about the relevance of this document for Islamic countries. The reactions have ranged from an angry rejection of human rights as destructive to Islam to claims that Islamic law guarantees the same rights as those embodied in the United Nation's documents. The two most influential international Islamic statements on Human Rights (the Universal Islamic Declaration on Human Rights and the Cairo Declaration on Human Rights) attempt to reconcile Islamic law and modern norms of human rights. These documents claim that human rights are an inherent part of Islam. Such arguments are cause for concern because since the adoption of the Universal Declaration of Human Rights in 1948, documents proposing regional alternatives to international law almost always entail the weakening of international standards. The incorporation of the Cairo Declaration into the UN corpus means that what were once informal, regional obstacles to implementing the protections guaranteed by the UDHR have become formal, regional norms that legitimate Islamist restrictions on rights.