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Human rights, state compliance, and social change : assessing national human rights institutions
\"This book critically examines the significance of National Human Rights Institutions by collecting work from experts spanning international law, political science, sociology, and human rights practice\"-- Provided by publisher.
BOOK
The Obama Administration and Targeting “War-Sustaining” Objects in Noninternational Armed Conflict
Since September 11, 2001, legal experts have focused significant attention on the lethal targeting of individuals by both the George W. Bush and Obama administrations. An equally significant legacy of the post-9/11 administrations, however, may be the decisions to target specific kinds of objects. Those decisions greatly affect the success of U.S. efforts to win ongoing conflicts, such as the conflict with the Islamic State of Iraq and the Levant (ISIL). These decisions may also become precedents for military attacks that states consider lawful, whether carried out by cyber or kinetic means, in future armed conflicts. To achieve the goal of destroying ISIL, President Obama embraced what many in the international law community long regarded as off-limits: targeting war-sustaining capabilities, such as the economic infrastructure used to generate revenue for an enemy's armed forces. Although the weight of scholarly opinion has for years maintained that such objects are not legitimate military targets, the existing literature on this topic is highly deficient. Academic discussion has yet to grapple with some of the strongest and clearest evidence in support of the U.S. view on the legality of such targeting decisions. Indeed, intellectual resources may be better spent not on the question of whether such objects are legitimate military targets under the law of armed conflict, but on second-order questions, such as how to apply proportionality analysis and how to identify limiting principles to guard against unintentional slippery slopes. In this article, I discuss the legal pedigree for war-sustaining targeting. I then turn to identify some of the most significant second-order questions and how we might begin to address them.
Journal Article
How to Influence States: Socialization and International Human Rights Law
Regime design choices in international law turn on empirical claims about how states behave and under what conditions their behavior changes. Substantial empirical evidence suggests three distinct mechanisms whereby states and institutions might influence the behavior of other states: coercion, persuasion, and acculturation. Several structural impediments preclude effective implementation of coercion- and persuasion-based regimes in human rights law--yet these models of social influence inexplicably predominate in international legal studies. In this Article, we first describe in some detail the salient conceptual features of each mechanism of social influence. We then link each of the identified mechanisms to specific regime design characteristics--identifying several ways in which acculturation might occasion a rethinking of fundamental regime design problems in human rights law. Through a systematic evaluation of three design problems--conditional membership, precision of obligations, and enforcement methods--we elaborate an alternative way to conceive of regime design. We maintain that (1) acculturation is a conceptually distinct social process through which state behavior is influenced; and (2) the regime design recommendations issuing from this approach defy conventional wisdom in international human rights scholarship. This exercise not only recommends reexamination of policy debates in human rights law, it also provides a conceptual framework within which the costs and benefits of various design principles might be assessed. Our aim is to improve the understanding of how norms operate in international society with a view to improving the capacity of legal institutions to promote respect for human rights.
Journal Article
Humanitarian Intervention and Pretexts for War
The legal status of humanitarian intervention poses a profound challenge to the future of global order. The central question is easy to formulate but notoriously difficult to answer: Should international law permit states to intervene militarily to stop a genocide or comparable atrocity without Security Council authorization? That question has acquired even greater significance in the wake of military interventions in Kosovo and Iraq, and nonintervention in the Sudan. Concerted deliberation on these issues, however, has reached an impasse. A key obstacle to legalizing unilateral humanitarian intervention (UHI) is the overriding concern that states would use the pretext of humanitarian intervention to wage wars for ulterior motives. In this article, I argue that it is just as likely, or even more likely, that the impact on states would be the opposite. Drawing on recent empirical studies, I contend that legalizing UHI should in important respects discourage wars with ulterior motives, and I discuss changes to international legal institutions that would amplify that potential effect.
Journal Article
Human Rights Treaties, Invalid Reservations, and State Consent
A continuing debate in international human rights law concerns the result of invalid reservations to multilateral treaties. The cardinal rule holds that a reservation cannot be incompatible with the object and purpose of a treaty. Yet a normative puzzle remains: what legal remedy should follow the determination of the invalidity of a reservation? Leading commentators have discussed a limited set of options. Three choices can be identified:
Journal Article
The Detention of Civilians in Armed Conflict
In the armed conflict between the United States and Al Qaeda, the legality of the government's detention scheme has been mired in confusion. The lack of clarity is especially acute with respect to the substantive criteria for defining who may be detained. A crucial determinant of the lawfulness of the scheme is whether international humanitarianlaw (IHL) permits the preventive detention of civilians, or particular groups of civilians. In addressing that issue, leading lawmakers, litigators, and adjudicators have misconstrued or misappropriated aspects of the IHL regime. Indeed, the confusion surrounding the current and future direction of U.S.detention policy stems in significant part from those misconceptions or misuses of the law.
Journal Article
Understanding social action, promoting human rights
Over the last 20 years, the social scientific understanding of human behavior has taken a significant leap forward. Important advances in several fields have increased the complexity and accuracy of prevailing models of individual actors, group dynamics, and communication. Yet too few of the key insights of that scholarship have been incorporated into the theory or practice of human rights promotion. With this book, legal scholars Ryan Goodman, Derek Jinks, and Andrew K. Woods begin the process of incorporation, by collecting research from a broad set of disciplines and underscoring its implications for human rights scholarship and practice. By focusing on nonlegal, empirical scholarship that touches on norm creation, diffusion, and institutionalization, the book presents a broad range of interdisciplinary insights relevant to human rights scholars and practitioners. The volume introduces work from multiple disciplines including economics (Herb Gintis), communications (Robert C. Hornik), social psychology (Jonathan Baron; Deborah Prentice; Paul Slovic and David Zionts), moral biology (John Mikhail), political science (Margaret Levi, Tom R. Tyler, and Audrey Sacks), social network analysis (David Lazer), and negotiation theory (Lee Ross, Byron Bland, and Brenna Powell).
eBook
Beyond the Enforcement Principle: Sodomy Laws, Social Norms, and Social Panoptics
Social norms scholarship offers various conceptual models for understanding law's capacity to produce or inhibit particular behaviors. The current literature, however, has inadequately attended to either testing these theories through empirical research or studying law's ancillary effects on social structure and individuals' lives. In response, this Article undertakes an empirical study of the social effects of an unenforced criminal law: sodomy statutes. The Article examines the constitutive impact these laws have on individual identity, social relations, and conceptions of public space. This aspect of the study is based on ethnographic research conducted in South Africa before and after the country's sodomy laws were abolished. The findings of this inquiry provide the empirical basis for development of a conceptual model for understanding the process by which laws intersect with informal social surveillance to produce a regime in which lesbians and gays are ultimately encouraged to discipline themselves. In developing this framework, the Article calls for integrating these understandings of micro-level social relations into a macro-sociological perspective on the regulatory effects of law. The Article thus examines the influence exerted by the criminalization of homosexuality on other institutional discourses (such as religion and medicine). These connections are explored as one way of analyzing law's constitutive effects in shaping and remaking social norms.
Journal Article
International law and state socialization: Conceptual, empirical, and normative challenges
Debates about how best to design international legal regimes inadequately attend to the ways in which law influences state behavior. As a consequence of this deficiency, much of international law is founded upon the flawed, and often unexamined, assumption that effective legal regimes must either coerce or persuade target actors to comply with their requirements. In 'How to Influence States: Socialization and International Human Rights Law', we argue that (1) acculturation is a conceptually distinct social process through which law might influence state behavior; and (2) the elements of the acculturation process suggest several regime design characteristics unorthodox to human rights law. More generally, we maintain that the behavioral assumptions of international legal regimes must be more systematically theorized and investigated. Proper specification of the social mechanisms of law's influence, we argue, would facilitate the development of an integrated theory of regime design-one that accounts for the various social mechanisms, specifies the conditions under which they predominate, and identifies the regime design features that best harness these forces.
Journal Article
Human iN neuronal model of schizophrenia displays dysregulation of chromogranin B and related neuropeptide transmitter signatures
Schizophrenia (SZ) is a serious mental illness and neuropsychiatric brain disorder with behavioral symptoms that include hallucinations, delusions, disorganized behavior, and cognitive impairment. Regulation of such behaviors requires utilization of neurotransmitters released to mediate cell-cell communication which are essential to brain functions in health and disease. We hypothesized that SZ may involve dysregulation of neurotransmitters secreted from neurons. To gain an understanding of human SZ, induced neurons (iNs) were derived from SZ patients and healthy control subjects to investigate peptide neurotransmitters, known as neuropeptides, which represent the major class of transmitters. The iNs were subjected to depolarization by high KCl in the culture medium and the secreted neuropeptides were identified and quantitated by nano-LC-MS/MS tandem mass spectrometry. Several neuropeptides were identified from schizophrenia patient-derived neurons, including chromogranin B (CHGB), neurotensin, and natriuretic peptide. Focusing on the main secreted CHGB neuropeptides, results revealed differences in SZ iNs compared to control iN neurons. Lower numbers of distinct CHGB peptides were found in the SZ secretion media compared to controls. Mapping of the peptides to the CHGB precursor revealed peptides unique to either SZ or control, and peptides common to both conditions. Also, the iNs secreted neuropeptides under both KCl and basal (no KCl) conditions. These findings are consistent with reports that chromogranin B levels are reduced in the cerebrospinal fluid and specific brain regions of SZ patients. These findings suggest that iNs derived from SZ patients can model the decreased CHGB neuropeptides observed in human SZ.
Journal Article