Theoretical challenges to understanding the potential impact of the Universal Periodic Review Mechanism: Revisiting theoretical approaches to state human rights compliance

The Universal Periodic Review (UPR) mechanism is the most recent and distinct addition to the UN human rights system because of the level of state control over the mechanism, the inclusivity of the review process and its emphasis on cooperation and dialogue in monitoring human rights implementation of states. Since the start of the third cycle of the UPR in 2017, questions on the efficacy of the UPR mechanism have gained increasing attention among international human rights scholars and practitioners. However, little of the scholarship take a theoretical approach to understanding the potential impact of the UPR mechanism. This article engages with various theoretical approaches to international human rights law to determine alternative theoretical frameworks to understand the potential impact of the UPR mechanism. This article contends that while the theories examined are not mutually exclusive, the theory of acculturation provides the most appropriate theoretical framework to understand the potential impact of the UPR mechanism. This contributes to an appreciation for human rights strategies based on cooperation and how such strategies can be beneficial in realising incremental progress in the human rights implementation of states.     

我国反腐败国际合作问题探析

我国反腐败国际合作历史不长，但积极参与了全球、区域内多边和国际双边三个层面的活动，在世界反腐败国际合作中扮演了重要角色。不过，当前我国反腐败国际合作仍存在一些问题，仅从海外追捕腐败分子的实践来看，就面临着“调查取证难，人员遣返难，资金返还难”等一系列问题。我国相关法律规定不符合国际惯例、法律制度不健全、死刑惩罚数量过多以及双边引渡条约数量不足是导致海外追逃成效不高的制度原因；办案人员素质不高、办案经费不足是开展反腐败国际合作的人力物力制约；西方国家对我国人权保护和法治的不信任感、敌对势力对我国形象的破坏以及国内司法腐败现象也影响了我国反腐败国际合作。因此加强制度建设、提高执法人员素质及做好国家形象宣传是推进我国反腐败国际合作进程的当务之急。     

Reinvigorating the transnational links of sub-national governments between Australia and Japan with special reference to Western Australia–Hyogo sister-state relations

Abstract

The study of transnational links between sub-national governments is a lacuna in the field of international relations yet the issue on inter-sub-national government cooperation has recently gained greater importance at the international level. Since the 1992 Earth Summit recognition of sub-national authorities as key players in global sustainable development strategies, the importance of decentralised cooperation between sub-national governments has been strengthened by a series of international standardisation and domestic incorporation of this principle. Yet our research raises serious questions about the degree to which Australia–Japan twinning of sub-national governments has made progress towards taking responsibility in facing global challenges. Our case study of Western Australia–Hyogo sister-state relationships shows that their 25 year-old cooperation has been suffering from a lack of awareness of the emerging role of sub-national governments. Not surprisingly, national government policy and position has greatly influenced the nature and patterns of their relationships. Australia and Japan twinning, as leading inter-sub-national partnerships in the region, can do more to promote the value of the local dimension in international development cooperation. In light of these challenges, the future of their twinning must lie in a structured long-term commitment for global strategies as well as mutual benefits.     

Two ways of realizing justice and democracy: linking Amartya Sen and Elinor Ostrom

In The Idea of Justice (2009), Amartya Sen advocates democracy defined as ‘public reasoning’ and ‘government by discussion’. Sen’s discursive approach facilitates the exercise of political freedom and development of one’s public capacities, and enables victims of injustice to give public voice and discussion to specific injustice. It also responds to the contested nature of ‘universal human rights’ and the need to clarify and defend them via public reasoning. However, Sen’s approach leaves intact the hegemony of a liberal form of democracy that prioritizes political and civil rights over social and economic rights and thus precludes alternative democratic forms, most notably a form of cooperative democracy that politicizes social and economic activities in the pursuit of local and global justice. Sen’s ‘government by discussion’ must combine with cooperative democracy and a global ethos emphasizing cooperation (and action) over privatization in order to address our most serious global injustices, including exploitation, inequality and poverty in the Global South, accelerating destruction of the environment and biodiversity, and global warming and climate change.     

Future generations as rightholders

Many people believe that we have obligations with respect to future generations concerning the state of the environment that we pass on to them. Apart from the practical problem of people not really acting on such beliefs, there are also conceptual or philosophical issues that make these obligations problematic. The so-called non-identity problem is especially difficult: depending on which courses of action we adopt, different people will be born in the future, which means that even future people who due to our behavior will live under fairly poor circumstances might not have any ground for complaint. Had we not behaved as we did, they would not even have existed. It is argued here that, at least within a rights-theoretical approach, the non-identity problem can be solved by moving from considering individual rights to generational rights, rights which future generations hold qua generations.     

Human Rights Discourse in Domestic Settings: How Does it Emerge?

Building on the literature that analyzes the impact of norms and ideas on international and domestic politics, it is our assumption that the widespread introduction and dissemination of a human rights discourse enables oppressed groups to translate events into rights language and to appeal to courts, politicians and media in order to seek remedies for their grievances. In so far as human rights discourse actually helps introduce more ethical policies and legislation, it is crucial to understand how this discourse, which in the past 55 years evolved and proliferated on the global level, emerges and develops in domestic settings. Using Israel as a case study, and more specifically analyzing the Israeli press, we further develop some of the existing theoretical claims about how the global and local interact. We argue that in order to understand how the rights discourse is imported into the domestic arena and how it expands once it enters the local scene, it is crucial to employ a broader conception of the global and a more differentiated view of the local. We emphasize the significance of local events and practices in determining the impact of the global on national settings, suggesting that one cannot understand transnational flows without unveiling the black box of the domestic arena.     

Space Sustainability and the Freedom of Outer Space

The concept of sustainable development states that every nation is free to determine how to meet its own needs and accrue its own benefits as long as it does not prejudice the ability of future generations to do the same. This end is challenging in the space domain as the existing emphasis on national concerns obscures the larger issues of international structural inequalities—lack of access, barriers to capacity building and technology absorption—while simultaneously magnifying issues related to market protectionism, which are then disguised as security issues. This article makes the claim that it is possible to correct this distortion while safeguarding the focus on global issues, such as space sustainability. While the concept of space sustainability is understood differently depending on the forum for discussion, it is clear that the dominant understanding coincides with the logic for space cooperation as “Governance for Global Security,” and this focuses more on the needs of the present space actors. Analytical tools designed with the “Cosmopolitan Approaches to International Law” express forms of cooperation that produce reciprocal obligations to enable all participants, both present and aspirant, in space exploration and use.     

To enforce or not to enforce? Judicialization,venue shopping,and global regulatory harmonization

The regulation of intellectual property rights takes place in a range of international venues. This proliferation of international venues greatly enhances the potential for venue shopping. We argue that different levels of domestic regulation and differing degrees of judicialization account for actors' preferences over institutional venues. We take into consideration two scenarios. Conceiving of judicialization as the delegation of adjudication to an independent third party and the enforcement through multilaterally authorized sanctions, we show that: (i) upward regulatory harmonization leads actors preferring weak regulatory intellectual property rights standards to strive for venues with low degrees of judicialization, whereas those favoring stringent intellectual property rights protection prefer highly judicialized venues; and (ii) downward harmonization leads to the opposite constellation of institutional preferences. We show how these expectations hold by way of in‐depth case studies of two instances of global intellectual property rights regulation: the regulation of plant genetic resources and intellectual property rights for medicines.     

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.     

Accountability in World Politics1

World politics has never been a democratic realm. Now, with interdependence and globalization prompting demands for global governance, the lack of global democracy has become an important public issue. Yet the domestic analogy is unhelpful since the conditions for electoral democracy, much less participatory democracy, do not exist on a global level. Rather than abandoning democratic principles, we should rethink our ambitions. First, we should emphasize, in our normative as well as our positive work, the role played by information in facilitating international cooperation and democratic discourse. Second, we should define feasible objectives such as limiting potential abuses of power, rather than aspiring to participatory democracy and then despairing of its impossibility. Third, we should focus as much on the powerful entities that are the core of the problem, including multinational firms and states, as on multilateral organizations, which often are the focus of criticism. Finally, we need to think about how to design a pluralistic accountability system for world politics that relies on a variety of types of accountability: supervisory, fiscal, legal, market, peer and reputational. A challenge for contemporary political science is to design such a system, which could promote both democratic values and effective international cooperation.     

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.     

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.     

Who Will Pay for Better Care?

In launching its review of adult social care in May 2008, the Government acknowledged that this is one of the biggest challenges for the 21^st century. With our ageing population and the increasing expectations of baby boomers, the current system simply isn't fit for the future. But what kind of care system do we want for this and future generations and critically how are we going to pay for it? There are no easy answers but what is certain is that we will all have to pay more for better care. In this article Stephen Burke examines the care crunch     

The international politics of climate change after Brexit

The Paris Agreement provides a framework for achieving cuts in greenhouse-gas emissions that could mitigate the worst of global warming, and there has been a trend of increased participation and stronger national institutional support, cooperation and ambition towards that end. Among EU states, the United Kingdom has led that trend for three decades. The uncertainty introduced by the Brexit vote may weaken it.     

Seeing the unseen: The Chernobyl imprint on the Hungarian public sphere

This research article analyzes the influence of the “Chernobyl factor” on the nuclear power discourse in Hungary. Despite its temporal distance, the geographical proximity of the Chernobyl disaster has significantly influenced the lives and perceptions of current Hungarian generations. The research examines two layers of public communication regarding the Chernobyl disaster—political discourse and Hungarian online news media—and matches these with the online representation of the catastrophe. This study finds that despite Chernobyl's significant impact on the cultural memory of Hungarian society, it is considered an event of the past with limited relevance for the future. The contemporary representation of Chernobyl reflects the aspirations and expectations of current society, manifests highly mediatized content, nurtures elements of infotainment, symbolizes danger and negligence, and socially reconstructs meaning through alienation from its original connotation. The Chernobyl factor does not appear significantly in current nuclear discourse in Hungary.     

Human rights and future people — Possibilities of argumentation

Questions of sustainability will be of crucial importance for the twenty-first century. But do we have to think about questions of responsibilities regarding future people in terms of human rights? And if duties regarding sustainability fall outside the scope of human rights, what would this imply for the moral and political importance of human rights in general? This article investigates conceptually how we should see the relationship between human rights and long-term global ecological challenges. We will discuss how a human rights approach to questions of sustainability would be different from other approaches and what would be required to see those ecological challenges as human rights questions. We will discuss the possibilities for conceptualizing the relationship between human rights and sustainability. And we will briefly draw some conclusions in terms of topics for further debate.     

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     

Violence,Nonviolence, and the Effects of International Human Rights Law

Under what conditions are individuals more likely to approve of human rights abuses by their governments? While various theoretical expectations have been offered about public approval of repression, many of them have not been directly tested. We analyze the effects of differing opposition tactics, differing government tactics, and legal constraints on approval of repression through a series of survey experiments in India, Israel, and Argentina. Our results indicate that violent action by opposition groups consistently increases support for government repression. In the context of contentious politics, we find that the effects of international law vary by national context. While our respondents in India were less likely to approve of their government when told the government violated international law, the same information likely increased approval of the government in our Israel experiment. The findings provide insights into the microfoundations of existing theories and suggest areas for theory refinement.     

Regulatory novelty after financial crises: Evidence from international banking and securities standards, 1975–2016

Financial crises are often presented as triggers for important innovations in international regulation of financial markets, but existing evidence for this claim primarily derive from the analyses of individual initiatives, assessed against noncomparable benchmarks. In order to provide systematic evidence of financial crises' impact on international financial regulatory change, this paper develops a novel text-as-data approach to measure regulatory novelty. We use this approach to analyze the full population of international banking and securities standards between 1975 and 2016. Contrary to theoretical expectations, our empirical findings indicate rules designed by international banking and securities regulators following financial crises are on average as likely to build on existing international regulations as those designed before a crisis. We also find that international banking rules published after the 2008 Global Financial Crisis are an important exception.     

Potential through paradox: indigenous rights as human rights

This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo.