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What are the four types of female genital mutilation?

(1) Circumcision (2) Full removal (3) Infibulation (4) Ritualistic

Inclusivity

- Critical Theory Normative objective - Incorporate ideas, observations and experiences of marginalized

Expose less obvious power dynamic

- Critical Theory Normative objective - Link knowledge and power

Problematize

- Critical Theory Normative objective - Subjectivity (influences) in theoretical claims about world politics

A state has the absolute (but not exclusive) power to regulate conduct that occurs within its own borders.

territoriality principle

Subsidiary sources in international law include:

scholarly writings

What are human rights?

"All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood." - UDHR *Essentially, human rights are the rights that every INDIVIDUAL person anywhere in the world, irrespective of citizenship, is entitled to.

(Ignatieff) IHR "Revolution": Web of Treaties and Institutions

"Firewalls against Barbarism"

Human Rights present in the United Nations Charter

"We the peoples of the United Nations determined": to reaffirm faith in FUNDAMENTAL HUMAN RIGHTS, in the dignity and worth of the human person, in the equal rights of men AND women and of nations large and small Also promotes: (1) Higher standards of living (2) Full employment (3) Condition of economic progress (4) International Education cooperation

Military Commissions Act 2006

"to authorize trial by military commission for violations of the law of war, and for other purposes". Hamadan (former driver of Osama who was tortured) v. Rumsfield (Secretary of State who knew what was going on) - Supreme court decided that the Geneva Convention applied Only lower level officials were tried, no officers

What are the two major ideas central to human rights?

(1) All people have dignity (2) The fate of people everywhere is everyone's concern

What are some cultural practices potentially at odds with Human Rights?

(1) Child marriage (2) Stoning for adultery (3) Kissing children's genitals (4) Headscarves (5) Female Genital Mutilation

What are some Human Rights responses to Relativist Criticisms?

(1) Culture is not static or monolithic (2) Those who defend a "tradition" are not traditional (3) There is a "core consensus" (4) Consent: "Opt-Out" option (Ignatieff) (5) Harm

What is the process of creating International Human Rights Treaties?

(1) Drafting (2) Signing: Countries must sign treaty to show agreement (3) Ratification: Countries must ratify treaty into their own law to make it legally binding *Creates loopholes for countries to opt-out of ratifying treaties while still seeming like they are supporting it (4) Treaty Committees: Job is to enforce and monitor treaty within a State

What were the three conferences that led to the founding of the United Nations?

(1) Dumbarton Oaks (2) Yalta (3) San Francisco

What are the three main regional systems with regards to Human Rights?

(1) Europe **most effective** (2) Inter-American (3) African

What are the religious roots of human rights?

(1) Human beings are their likeness to God, humans are "sacred" (2) Human beings have a responsibility to others

What are potential downsides for regional approaches to human rights?

(1) It is only effective for states already committed to human rights, so the effects are disputed (2) It could be used as a way to shield violators from international scrutiny by arguing that they are taking regional approaches to human rights in a way that abides by their culture

What are three different perspectives on the use of torture in the United States?

(1) Michael Waltzer: Raises the question of the "ticking bomb" scenario, where a terrorist has planted bombs in a number of places but has been captured and the question is whether he or she should be tortured for crucial information to save those who are likely to be killed by the bombs. Waltzer would argue, yes. (2) John Yoo US faces an enemy that does not accept human rights and to whom Geneva does not apply, therefore torture is okay to be used upon them. (3) Moravcsik U.S. Exceptionalism: The idea that the United States is so powerful as that they do not have to abide by certain rules, as they will not be punished.

When are the "Two Waves of Rights"

(1) Political revolutions (2) End of WWII

What is the value of regional approaches to human rights?

(1) Possibly can create a stronger enforcement system due to them being able toe exercise more control and more willing to relinquish some sovereignty to a smaller base (2) Possibly can create more cultural coherence and greater consensus over issues due to a common history, a like-mindedness, that brings more agreement and acceptance of human rights in a region.

Senate Anti-Torture Amendment 2015

(1) Restricts the interrogation techniques to those authorized in the Army Field Manual (2) Requires access for the International Committee of the Red Cross to detainees in U.S. government custody, which is current U.S. policy

Debates within the United Nations Commission on Human Rights (UNCHR)

(1) The idea of UNIVERSALITY: UNESCO (The United Nations Educational, Scientific, and Cultural Organization) Philosophy Committee created the "15 Common Convictions," a list of general human rights thought to be agreed upon worldwide as a way to minimize the criticism that human rights was "western" imperialism of thought. (2) Civil/Political Rights vs Economic/Social Rights: Civil and Political Rights are more "negative rights," rights FROM something (1st generation), while Economic and Social Rights are more "positive rights," rights TO something (2nd generation). (3) Legally vs Morally Binding: The question of what should trump? State sovereignty or Human Rights Universality?

What are the countries most cited for violations against the ECtHR?

(1) Turkey (2) Russia (3) Italy (4) Romania (5) Poland (6) Ukraine

Opt-out option

(Ignatieff)—human rights are a form of idolatry (can become a form of religion or a way of telling someone what to do), human rights are about individual agency and are a form of empowerment, human rights as a tool kit to resist oppression/have an opt-out option

Colonial Discourse

- (1800s-1900s): 'civilizing mission' • Paternalistic: Justify denial and delay of self-governance • Delegitimize authority of local leaders • Exclude local population from decision making

Decolonization Discourse

- (1960s): Exploitative project • Denial human rights: Self-determination • Indigenous leaders legitimate voice of local population • Delegitimize claims to continued colonial rule

San Francisco Conference

- A conference of 50 allied nations with the intent to rewrite the Dumbarton Oaks agreements - Resulted in the creation of the United Nations Charter and its inclusion of HUMAN RIGHTS

The Organization of American States (OAS)

- A continental organization created for the purpose of regional solidarity and cooperation among its member states. - Created the Inter-American Commission on Human Rights - Created the Inter-American Court of Human Rights

The African Union (AU)

- A continental union consisting of all 55 countries on the African continent - Most important decisions are made by the Assembly of the African Union - Has a representative body, the Pan African Parliament - First military intervention in a member state was in May 2003 with the deployment of a peacekeeping force of soldiers in South Africa. - African Peer Review Mechanism

Yalta Conference

- A meeting of the United States, UK, and Soviet Union with regards to Germany and Europe's postwar reorganization. - Aimed to give self-determination to the liberated people of post-Nazi Europe - Made priority the unconditional surrender of Nazi Germany and that Germany would undergo demilitarization and denazification.

International Covenant on Civil and Political Rights (ICCPR)

- A multilateral treaty adopted by the UN General Assembly that commits parties to respect the civil and political rights of individuals, including the right to LIFE, freedom of RELIGION, freedom of SPEECH, freedom of ASSEMBLY, electoral rights and the rights to DUE PROCESS and a FAIR TRIAL. - Is part of the International Bill of Human Rights in addition to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) -Includes two optional protocols: (1) the right for non-state actors to petition (2) death penalty - Is the 4th most ratified treaty

American Declaration of the Rights and Duties of Man

- Also known as the Bogota Declaration - Predates the UDHR - Sets forth civil and political rights to be enjoyed by the signatory nations, with additional economic, social, and cultural rights due to them. -Created the Charter of the Organization of American States (OAS) - Distinctive section on the duties of the citizen, that each citizen has his or her own duty to obey the law, vote, pay taxes, work, etc.

Dumbarton Oaks Conference

- An international conference at which the United Nations was negotiated among international leaders in 1944. - Reflected the idea that the Great Powers were in charge of maintaining peace and security in the world. - All opposed human rights except for China, citing that the idea of having an INGO telling a government how to act is absurd - Called for a (1) Security Council (the Great Powers), (2) a general assembly, and (3) the sovereignty of nations to be respected

Declaration of the Rights of the Child (1924)

- An international document promoting child rights adopted by the League of Nations - Proposals: (1) Child must be given means for normal development, materially and spiritually (2) Child must be the first to receive relief in times of distress (3) Child must be protected against every from of exploitation (4) Child must be put in a position to earn a livelihood (5) Child that is hungry must be fed, Child that is sick must be nursed, etc.

Anarchy for Realists

- Anarchy creates self-help world leading to balance of power politics - Anarchical system is self-help, zero-sum system • Anarchy pressures states to compete and balance • Cooperation under anarchy should be temporary and only to prevent any state dominating system - Competitive environment where states seek power to balance and cooperation is temporary to prevent domination.

Anarchy for Constructivists

- Anarchy is what states make of it (Wendt) - No central authority to impose relationship • Permissive environment: States shape relations with each other • Relations are complex and varied—incl. conflictual and cooperative -Competitive environment but sustained cooperation possible depending on economic interdependence, international institutions and regime type.

Anarchy for Liberals

- Anarchy's effects can be mitigated by democracy, trade and international institutions - Anarchy does not prevent economic interdependence which creates shared interest to at least avoid war • States build international institutions (eg UN) to cooperate under anarchy where they have shared interests • Anarchy has less impact when countries are liberal democracies— liberal democracies tend to not fight each other

Realism Core Values

- Anarchy: lack of central authority • Self-help and alliances: ensuring security • Balance of Power: countering others • Relative Gains: measuring power against what others have • Security Dilemma: response to insecurity feeding more insecurity

Realist Perspective with regards to Human Rights

- Argue that Power matters and that powerful states will do what they want, regardless of what treaties they sign/ratify - Realists argue that the effect that international institutions have is merely accidental. That the outcomes of the institutions and laws are a result of what the states themselves actually want rather than what the international world wants - Human rights are "epiphenomenal," "cheap talk." - Eric Posner

Liberal Perspective with regards to Human Rights

- Believe that States comply with international treaties and organizations to advance their self-interests - Believe that treaties create a mutual benefit (reputational effect), creates a credible and reliable relation with the rest of the world (Example: States joining the European Court of Human Rights so that they can be a part of the European Union) - Human rights commitments "lock in" gains. They reflect outcomes of domestic political struggles at particular times, aimed at securing gains for long run. (Example: Cold-war fight against Communism, Fascism, Tyranny)

Constructivist/Normative Perspectives with regards to Human Rights

- Believe that human rights treaties are teachers of norms. - Using the power of persuasion by communicating norms to the world of what is right and wrong.

Jean-Jacques Rousseau and Human Rights

- Believed that humans possessed a natural goodness and that caring for oneself did not have to exclude concern for the welfare of others - Believed men were social equals and that inequalities were the creation of social systems that allow the exploitation of peoples - Ideas contributed to the idea that humans have inalienable rights, regardless of societal placement

Sources of Change in State Relations

- Can states change their relationships in a realist or liberal analysis? What could change competitive relationship into cooperative one? - Realists: Very difficult • Sustained change unlikely in a state of anarchy w/ unchanging incentive to compete • Short-term cooperation to balance against any one state dominating ex) Shared Soviet threat forced to cooperate • U.S. power and interests reassures both other not a threat (but if U.S. considers withdrawing....) - Liberals: Possible • Change in economic interdependence • Changes in regime: more democracies=larger zone of peace • Int. institutions reduce incentives to compete ex) High economic interdependence • Institutions: NATO/European Union • Democratic peace:Established democracies

Case Study: Hissène Habré

- Chadian dictator Hissène Habré was convicted of crimes against humanity, war crimes, and torture, including sexual violence and rape, in 2016. - Opposers to Habré's military force were arrested and executed, villages attacked, pillaged, destroyed. - Utilized the torture practice of La Picine, a colonial-era swimming pool that was divided into cells and converted with a cement slab where prisoners died of malnutrition and disease in the summer heat. - Evidence of violations found through the analysis of thousands of the Documentation and Security Directorate (DDS) documents recovered by the Human Rights Watch, as well as 300 interviews with victims, witnesses, and DDS agents.

The International Convention on the Elimination of all forms of Racial Discrimination (ICERD)

- Commits all members to the elimination of racial discrimination and the promotion of understanding among all races - Condemns apartheid - Provides a clear definition of what racial discrimination is - Requires its parties to outlaw hate speech and criminalize membership in racist organizations - Almost near-universal acceptance by the international community - Has an significant impact on national legislation, such as the Civil Rights Act of 1964 (USA), Race Relations Act 1971 (NZ), Racial Discrimination Act 1975 (AUS), etc... - The United States has signed and ratified

The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)

- Considered an "International Bill of Rights for Women" - Provides a clear definition of what discrimination against women is - It has the ambition to modify the social and cultural patterns of men and women so that these cultural and social patterns are not rooted in prejudice and superiority - The United States has signed but not ratified - Some arguments for the ratification of the treaty in the USA have to do with its undermining of its effect by not doing so -Some arguments against ratification of the treaty in the USA have to do with the idea that there is not a problem with women's rights in America.

Mutual Constitution

- Constructivist - Environment shapes social actors choices and social actors shape surrounding environment with their behavior - Social actors cannot separate social and physical environment • Attaching social categories, meanings and biases to give meaning to physical world, and those meanings shape social actors behavior (E.g. U.S. and North Korea v. UK nukes) - Cannot separate actors from their social relationships • Actors following norms is what gives meaning to actor's identity (shape actor) and norms only exist when actors talk about them and act on them (shape social environment)

Exerts Compliance pull

- Constructivist - Members feel compelled to follow norms - Low: Contested norms: Group members challenge legitimacy so enforcement necessary - High: Internalized: Few challenges to legitimacy and group members follow instinctively

Social Norms

- Constructivist - Written or unwritten rule regulating how group members ought to behave. - Ex) Dueling as acceptable social practice to resolve certain disputes in 18th and 19th C. Adjudication and negotiation acceptable practices today—dueling unacceptable - Can change over time

Collective Identity

- Constructivist - shared definition of a group that derives from its members' common ties, experiences, and solidarities - Identity plays huge role; Who am I/are we? - Creates of 'we feeling': affection for in- group members and suspicion of 'other' • Can have multiple collective identities - EU seen as partially collective identity; does Brexit show weak collective identity?

Discourse

- Constructivist and Critical Theory - Imposing social categories and meanings through the words and narratives used to describe the world - Prevailing vs. Competing - Imposes social categories and meanings—including stereotypes - Implications: Legitimate disempowerment - Denial and delay of self governance • Deny voice and decision making to indigenous leaders and peoples

Wendt

- Constructivist author - What if we treated nation- states as social actors defined by social relations and social ties? - What implications would that have for existing arguments about anarchy?

Huntington

- Constructivist author - Culture matters. Future conflicts will take place between civilizations - The great divisions among humankind and the dominating source of conflict will be cultural; principle conflicts of global politics will occur between nations and groups of different civilizations; the fault lines between civilizations will be the battle lines for the future - A civilization is a cultural entity; more meaningful now to group countries in terms of their culture and civilization - The civilization one belongs to is the core of their identity, and civilization identity will be increasingly important for the future - People of different civilizations have different views because each has different history, language, culture, tradition, and most important religion - Interactions amongst people of different civilizations are increasing, which increases awareness of civilizations differences and causes animosity - Cultural characteristics and differences are less mutable and hence less easily compromised and resolved than political and economic ones - Conflicts within one's own civilization as well, but less likely

Krasner

- Constructivist author - Globalization challenges many countries' sovereignty but does not eliminate it - Sovereignty does not mean final authority anymore, if ever - Principle of Nonintervention: One state does not have a right to intervene in the internal affairs of another - The peace of Westphalia did no produce the modern sovereign state, it came later - Universal human rights are not an unprecedented challenge to sovereignty; been going on for a long time. (UN to help) - Globalization is changing the scope of state control - NGOs are nibbling at national sovereignty to some extent - Sovereignty blocks conflict resolution sometimes - The EU is a new model for supranational governance, but only for the Europeans

Structural Power

- Critical Theory - Ordering principles of system empower some actors and disempower others. - Favors white, Western men, especially with capital • Why it matters: - Distribution of privilege • Security: Decide who gets protection from threats • Economic: Decide what gets produced • Knowledge: Control what knowledge claims get validated and spread

Hegemonic Discourse

- Critical Theory - Perceived as 'universally valid' not history and cultural specific • Widely accepted as 'conventional wisdom' • Protects status quo: power and privilege ex) Neoliberal Economic Discourse • Knowledge derived from liberal econ theory • Universally applicable: Markets create wealth • Implications: • Legitimate to expand trade • Illegitimate to have state interv in markets

Feminism

- Critical Theory Hierarchy - Patriarchal system (system governed by men) that subordinates women to men. - Gender analysis: Use 'gendered lens' to analyze relationships between political actors like states - Gender: Socially constructed characteristics of what men and women ought to be - Patriarchal international system: Women marginalized in study and practice of world politics • Foreign policy decision-making and theorizing by men: Most diplomats, national leaders are men (<10% head of state are women) • Creates private v. public sphere: Statecraft and study of statecraft is 'public sphere' • Social norms relegate women to private sphere • Hegemonic Masculinity: attributes privileged in public sphere (e.g. aggression, self-help, protector) not stereotypical "feminine" (emotionality, protected) - Objective: Make women visible in international system: Examples: • Economic sanctions imposed w/o considering disproportionate impact on women due to food insecurity • Ignore economic contributions of women: work in 'private sphere' so few 'labor rights' recognized • Ignore lived experiences of women in war: rape of women as strategy in warfare; women as perpetrators

Marxism

- Critical Theory Hierarchy - Some socioeconomic classes subordinate to others.

Embrace diversity

- Critical Theory Normative objective - Create space for pluralistic world politics

Logic of Appropriateness

- Decision making of constructivism - Behavior motivated by what is socially acceptable for group member • Identity-driven: Who am I in this particular situation? • Compare appropriateness of alternatives: Is there guiding norm in situation? (appropriateness = respecting other nations beliefs and values)

Logic of Consequences

- Decision making of realism and liberalism - Behavior motivated by calculation of costs and benefits of alternative policy actions (e.g. cooperate or fight). • Rational choice: Chosen policy with most benefits after deducting costs

The Universal Declaration of Human Rights (UDHR)

- Declaration consisting of 30 articles that affirm an individual's human rights. - Considered the "International Magna Carta ofAll Men Everywhere" - Is the world's most translated document - Has served as a influence in not only international laws, but national laws and treaties as well in protecting and promoting human rights. - See Rights in Civil Society (Freedom of Movement, Right to Marriage, Right to a Nationality,etc.), Rights in the Polity (Freedom of thought/religion, Right to seek Asylum, Right to Opinion and Expression, etc.), and Economic, Social and Rights (Rights to Social Security, Right to Work, Right to Education, etc.) - First document to combine 1st generation and 2nd generation rights. - Attempts to achieve Universality but doesn't due to 8 countries abstaining for certain articles they felt were not human rights (right to change religion, to marry, to opinion)

Critical Theory Takeaways

- Deconstruct and Critique Study and Practice of World Politics 1. Problematize: Objective knowledge product of impartial observer rather than reflects historical and cultural context 2. Social relations central: Deconstruct social relationships: Identity, norms, discourses, institutions 3. Expose less obvious power dynamics: Structural power including link knowledge and power 4. Inclusivity: Incorporate ideas, observations and experiences of marginalized as legitimate forms of knowledge about world politics 5. Embrace diversity: Create space for pluralistic world politics and mobilize resistance to hegemonic discourses and institutions support structural power relations 6. Family of theories: Structural power and hierarchy in international system included patriarchy (gender world politics), racialized structures (post-colonial world politics), class-based (Marxist world politics)

Asian Values Debate

- Defined elements of society, culture and history common to the nations of Southeast and East Asia. It aimed to use commonalities - for example, the principle of collectivism - to unify people for their economic and social good and to create a pan-Asian identity. - This contrasted with perceived European ideals of the universal rights of man. - Amartya Sen argues these so-called Asian values cannot operate because of the overriding cultural diversity found in Asia -

The Convention on the Rights of the Child (CRC)

- Defines a child as any human being under the age of eighteen, unless the age of majority is attained early under national legislation - Sets out the civil, political, economic, social, health, and cultural rights of children - Compliance is monitored by the UN Committee on the Rights of the Child - Governments who have ratified are required to report to, and appear before, the UN Committee to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country. - Two optional protocols: (1) restrictions on the involvement of children in military conflicts (2) Prohibits the sale of children, child prostitution, and child pornography -The United States has signed but not ratified the convention

Council of Europe (1949)

- Designed to increase cooperation among European States - It is Distinctive from the European Union, which is primarily an economic block or a way of creating common market and a common currency, whereas the Council was designed to promote certain democratic and human rights as a way to stitch together European cooperation.

European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

- Drafted by the Council of Europe - Made it so that all Council of Europe member states are party to the convention and that new members are respected to ratify the convention at the earliest opportunity. - The ECHR established the European Court of Human Rights (ECtHR), a place where anyone who feels his or her rights have been violated under the Convention by a state party can petition. -Key articles: Right to life, prohibition of torture, slavery, forced labor, right to liberty and security, right to a fair trial, right to privacy, freedom of thought, expression, assembly, right to marry, prohibition of discrimination

The Convention Against Torture (CAT)

- Establishes an international inspection system for places of detention - It is the strongest of all the human rights treaties in terms of language: (1) It has language that says there are no exceptional circumstances, whether in war or any kind of emergency (2) If you ratify this treaty, and someone you believe has committed torture is on your land, you have an obligation to try and extradite them

Logic Appropriateness and Military

- Explanations for state deciding to join military coalition - Emerging 'Responsibility to Protect' norm: International community should protect citizens, by force as last resort, when government perpetrating worst human rights abuses. - Constructivist

Logic of consequences and military

- Explanations for state deciding to join military coalition - Opportunity to remove destabilizing leader that sponsored terrorists and create a more peaceful Libya that will trade oil with rest of world.

Constructivist Implications

- For realism: Threat posed by another state's military power depends on the underlying relationship! - For liberalism: 1) Ties promoting peace and interdependence between countries may be social as well as economic 2) Democratic states may trust some democracies more than other democracies and at some times more than other times - Permissive environment under which states build differentiated social relationships.

Resistance

- Function of Counter-hegemonic Discourse - Create space for alternative discourses to emerge.

Mobilization

- Function of Counter-hegemonic Discourse - Creates alternative goals, practices and identity to organize and campaign.

Empowerment

- Function of Counter-hegemonic Discourse - Legitimate alternative actors.

Delegitimization

- Function of Counter-hegemonic Discourse - Raise costs of sustaining status quo.

The Geneva Conventions of 1949

- Gives birth to the International Committee of the Red Cross - Comprise of four treaties and three protocols that establish the standards of international law for humanitarian treatment in war. -Conventions: (1) The Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (2) The Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea (3) Relative to the Treatment of Prisoners of War (4) Relative to the Protection of Civilian Persons in Time of War

African Charter of Human and People's Rights

- Human rights instrument intends to promote and protect human rights and basic freedoms in the African continent -Followed closely the European and Inter-American systems by creating a regional human rights system for Africa - Commits to the elimination of Zionism - Recognizes Civil and Political Rights and certain Economic, Social, and Cultural rights - Charter recognizes group rights, such as family protection by the states - Includes Clawback Clauses - Set up the African Commission on Human and Peoples' Rights that is essentially nonenforceable.

Cultural Relativism

- Human rights reflect a cultural system (of the Global North) and the presumption of universalism implies one culture is superior to another. - Argues that human rights are "western" - Reflects cultural imperialism - Believes that all value systems should be respected as equally important and legitimate

The impact of Woodrow Wilson's 1914 and 1918 speeches on Human Rights

- In Wilson' speeches, he considered human rights above all other rights. - He saw that WWI was a final war for human liberty - His speech and his recognition of minority rights led to the expectation that human rights talk would be interwoven into future politics

The International Covenant on Economic, Social and Cultural Rights (ICESCR)

- In addition to the UDHR and ICCPR creates the International Bill of Human rights - Commits parties to work toward the granting of economic, social and cultural rights to the Non-Self-Governing and Trust Territories and individuals, including labor rights, the right TO health, TO education, TO an adequate standard of living. - Positive (Second Gen.) Rights - Composed of rights that are gained with economic growth - Includes the Progressive Realization Clause -"Minimum Core Obligation": the standard by which states are held in whether or not they implement or abide by the obligation to ensure the satisfaction of the minimum essential levels of each right - Countries need to meet the minimum obligation to ensure minimum essential levels of each right - The United States has not ratified, but has signed. They do not believe in ESCR and associates this rights with more socialist ideals.

Source of Change in State Relations Constructivist

- Integrate economies (Euro) • Coordinate foreign policies • France: 'Germany should spend more on defense' • Germany: 'France should spend more on defense' • France and Germany: Important for us to build a "European" military capacity

The Convention of Enforced Disappearance (CED)

- Intended to prevent forced disappearance defined in international law, crimes against humanity. - United States has not signed or ratified

Origins of Sovereignty

- Invention of European rulers: 1st: Medieval Europe; fragmented - Lots of rulers (monarchs, lords, powerful merchants etc.) - Overlapping political authority 2nd: 400 years later political authority centralized into a relatively small number of larger well-defined nation-states BC... the conditions ( lots of rulers and little territory) of medieval European int. system promoted compeitition and war because want more land. -RESULT: Fewer but larger and more powerful and defined nation-states emerged 3rd: Costs of war are starting to outpace the benefits.. easy conquests are over because the surviving rulers are hard to conquer; disease and war makes unhappy subjects; expensive, nearly bankrupts rulers.. SO Treaty of Westphalia comes about

Constructivist Enmity Anarchy

- Iran-Israel? - Threatening to your interests and values • Their success lead to domination or elimination • Total mistrust: Assume intend to harm you

European Court of Justice

- Is a court designed to judicate inter-state complaints within the EU - Primary purpose is to deal with economic markets, but has had a number of cases that has affirmed respect for fundamental rights

Inter-American Commission on Human Rights (IACHR)

- Is a permanent body that examines allegations of human rights violations in the hemisphere - Receives, analyzes, and investigates individual petitions alleging violations - Issues recommendations - Refers cases to the Inter-American Court of Human Rights

The Human Rights Council (UNHRC)

- Is held responsible for strengthening the promotion and protection of human rights around the world. - Criticized due to many of the member states being abusers of human rights - Includes periodic reviews, an Advisory Committee, and a Complaint Procedure *Recent Case: Peru and Abortion - A 17-year old Peruvian girl's fetus was diagnosed with anencephaly, a fatal birth defect and was recommended to have an abortion as continuing the pregnancy would put her life at risk. The hospital refused termination. The case was brought to the UNHRC, which deemed denying access to the legal procedure (in Peru) was a violation of the girls human rights.

The European Court of Human Rights (ECtHR)

- Is used as an enforcement mechanism for human rights in the European system - Was established by the European Convention on Human Rights - Complaints can be logged by an individual, a group of individuals (NGOs), or one or more of the other contracting states and go first to the part-time Commission on Human Rights that if approved, would go to the part-time Court. - The accession of new states the the ECHR following the fall of the Berlin Wall led to a sharp increase in petitions filed in the Court, leading to the full-time status of the Court today. - Petitioners must have exhausted all available domestic remedies before petitioning the ECtHR

Sovereignty Evolution

- It went GLOBAL; the meaning evolved 1st: 1800s; Colonies declare independence and claim sovereign statehood and no longer recognize colonial authority, but european colonial powers refuse to recognize sovereignty of colonies. SO need recognition of other countries? No, Latin America contested European definition of sovereignty by saying sovereignty depended on having attributes of a sovereign states not recognition - Led to 1933 Montevideo Convention on Rights and Duties of States Sovereignty definition

A state may exercise jurisdiction over conduct outside its territory that threatens its security.

protective principle

Memo Wars (Torture Memos)

- John Yoo, Deputy Assistant Attorney General of the United States, drafted a set of legal memos with the intent to advise the CIA, the Department of Defense, and the president on the use of "enhanced interrogation techniques" - These enhanced interrogation techniques included: mental and physical torment and coercion, such as prolonged sleep deprivation, binding in stress positions, waterboarding, etc, and stated that such acts may be legally permissible under a certain interpretation of presidential authority during the "War on Terror" - Following Abu Ghraib torture in Iraq , one of the memos was leaked to the press, and head of the legal counsel, Jack Goldsmith, was forced to resign due to his advising of agencies not to use the memos drawn by Yoo. -Attorney General Ashcroft, then, issued the re-authroization of the use of torture. -In 2005, the CIA requested new legal opinions on the "enhanced interrogation techniques" they were using. - Three memos were sent out ruling that the techniques were legal if agents followed certain constraints

Liberalism

- Key actors are individuals/privately constituted groups promoting their own interests - Governments represent some group or groups within society - What determines conflict/cooperation is the nature of state preferences

Critical Theory Example

- Knowledge claim (theory): Bipolar anarchical system more peaceful and stable because states can easily balance. - Producers: Mostly white, middle class policymakers and researchers mostly from Western or Eastern bloc worried about nuclear war. - Subject: Observing Cold War superpower relations.

Counter-hegemonic discourse

- Language and narratives designed to challenge and dismantle hegemonic discourse. • Expose link between power and knowledge embedded in heg disc ex) Anti-Neoliberal discourse •Particularize the 'universal' : Trade serves early industrializing economies and benefits accrue to existing economic elites - Functions: Resistance, Delegitimization, Empowerment, Mobilization

Democracy Importance for Realism

- Leaders depend on population to stay in office •Normative: like-minded states (less conflict) • Transparency: reduction of security dilemmas • Woodrow Wilson and the League of Nations

Critical Theory Institutions

- Liberal claims: State problem solving device: Problem of cooperation under anarchy • Consensual agreements that advance common interests like mitigating climate change or reducing terrorist threats. - Critical analysis: Who created most international institutions? • Whose interests are really served by international institutions? • Are all actors really better off (or at least no worse off) when follow rules? • Main argument: instruments for powerful actors to legitimize power relations and reinforce structural power

Kant

- Liberalism author - "An enduring universal peace brought about by a so-called balance of power in Europe is a mere figment of imagination" • State of Peace is not a natural state but can be established through a League of Democracies - Citizens able of appreciating the moral equality of all individuals and of treating other individuals as ends rather than means - Republics capable of achieving peace because they exercise democratic caution and are capable of appreciating international rights of foreign republics - Threatened by war from non republics - "No state shall by force interfere with the constitution of government of another state"

Kinsella

- Liberalism author - Do democracies go to war against other democracies? Sometimes they do, but most of the time they don't.

John Locke

- Liberalism author - State of Nature has a Law of Nature: no one ought to harm another in his Life, Health, Liberty or Possessions. • State of Nature has no laws, judges or power to protect property so form government based on consent of the governed to ensure preservation of life, liberty and property. • Followers of Locke: International Society is possible • Set of institutions, norms and even laws that states will follow

Adam Smith

- Liberalism author - Two elements of motivation: pursuit of gain/fellow feeling • People are admired for acquiring wealth • Most efficient allocator of resources: the market • Followers of Smith: Free trade leads to prosperity and peace

Schumpeter

- Liberalism author - Why imperialism, economic protectionism, nationalism, and wars become a part of the past (atavism)? - Further development of capitalism and democracy will make imperialism inevitably disappear because imperialism was only caused by militaristic attitudes and export monopolism left over from the days of monarchial wars.. now imperialists gratify their private interests

Angell

- Liberalist author - Advanced economies based on trade and contract law will make war obsolete (get rid of war)

Keohane

- Liberalist author - Institutional Liberalism brings a more peaceful, prosperous, and free world - Purpose is to promote beneficial effects on human security, human welfare and human liberty as a result of a more peaceful prosperous, and free world - Justifies use of power in constructing institutions on the basis of social purpose - People should govern and power needs to be checked for fear of the consequences of unchecked power - Need to create institutions in order to protect themselves against bad leaders and moments of passion - Power should be used in the interests of liberal values but with caution and restraint - Legalization and coherence; moralism provides reason for legalization - Turn to law as constraint on power ex) NATO use of military force to prevent the domination of neighboring peoples by Serbua, democratic governments promoting democracy in eastern Europe after cold war

Doyle

- Liberalist author - Liberalism has different roots and, therefore, liberal states conduct different policies - liberalism represents a family of portrait principles and institutions focused on the central principle of freedom of the individual and associated with negative freedom (freedom from arbitrary authority), positive freedom (social rights essential for promoting the capacity for freedom) and democratic representation or participation; institutions are essential to exercise these rights

Ikenberry

- Liberalist author - The decline of US global predominance may be inevitable but so is the liberal world order (global free trade), which will benefit all countries

The Paris Peace Conference (The Versailles Peace Conference)

- Major outcomes were: (1) the creation of the League of Nations (2) the Treaty of Versailles (3) the drawing of new national boundaries *It was the meeting of the Allied powers (major: France, Britain, Italy, U.S., Japan) following WWI to set the peace terms for the defeated Central Powers

The International Convention of the Protection of all the Rights of all Migrant Workers (ICRMW)

- Multilateral treaty protecting the rights of migrant workers and families - Sets a moral standard and serves as a guide and stimulus for the promotion of migrant rights in each country. - Generally sending countries have signed and ratified, receiving countries have not

John Locke and Human Rights

- One of the first to advocate the idea that people have natural rights simply because they are human, and that these rights should be protected by the government. - Right to Life, Liberty, and Property

Cultural Relativism

- Opposite of Universalism - Different cultures and countries decide their own stances on HR - HR are "western" - Reflect cultural imperialism - HR are about morality and morality is rooted in culture.

Critical Analysis

- Producers of knowledge about social world cannot separate themselves from subject • Not objective: Knowledge claims are value laden and reflect interests and experiences of those making them • Generalization difficult: Knowledge of subject will change depending on who is producing it

Conventional Analysis

- Producers of knowledge are separate from subject • Objective: Set aside identities, experiences, interests and values when observing subject • Generalized claims (theories): Make knowledge claims that should apply to all 'like' subjects under similar conditions

The American Convention on Human Rights

- Purpose is to consolidate a system of personal liberty and social justice based on respect for the essential rights of man - Two enforcement bodies: (1) The Inter-American Court of Human Rights (2) Inter-American Commission

Inter-American Court of Human Rights (IACtHR)

- Purpose is to enforce and interpret the provisions of the American Convention of Human Rights - Hears cases of INDIVIDUAL violations of human rights, as well as inter-State violations, however, the Court can only do so in cases where the State is concerned and conceded power to the Court to rule in such cases. - States not accepting the Court's jurisdiction can only bring cases to the Inter-American Commissions - The United States has signed but not ratified the Court - Has the power to change the law

The Organization of African Unity (OAU)

- Purpose was to coordinate and intensify the cooperation of African states in order to better the lives of African citizens - Wanted to ensure that all Africans enjoyed human rights - Wanted to raise the living standards of all Africans - Wanted to defend sovereignty, territorial integrity, and independence of African States - Was dedicated to eradicate all forms of colonialism and white minority rule. **policy of non-interference limited the effectiveness of OAU

Female Genital Mutilation as a focal point in the universalism debate

- Rationale for Practice: (1) Tradition: both men and women are in favor of FGM (2) Marriage (3) Purification/Hygienic (4) Religion (5) Honor: Initiation, infused with pride - Arguments Against: - Not safe conditions where the circumcision is taking place - Blood loss, infection, shock - Painful - Reduces sexual pleasure - Scarring - In the international setting, many agencies came out that FGM has no place in the world today citing health and human rights arguments - Possibly can come together for creative ways to respect the tradition but make it more humane with regards to human rights is to argue to have professionals perform the operation rather

Anarchy

- Realism - units(states) interact in a world that lacks central authority

The Melian Dialogue

- Realism - "The strong do what they have the power to do; the weak accept what they have to accept." -Only thing that matters is self-interest; not morals or values ex) Russia went in and took Crimea, and Ukraine did nothing because had no power to do anything

Self-Help

- Realism - Because of anarchy, states have to take care of their security. After all, if you don't survive, you can't do anything else. The best option is to be able to provide for your own security. If that isn't enough, find allies.

Balance of Power

- Realism - In an anarchic system that relies on self-help, with concerns about relative gains that give rise to security dilemmas, the recurring feature of international life is balance-of-power politics. Peace through a balance of power

Relative Gains

- Realism - What matters is not your strength or wealth in absolute terms but relative to those who threaten you. Realists thus view the world in zero-sum terms: your gain is my loss.; matters because of security; measuring what you have compared to others gives value

Security Dilemma

- Realism - You may be building more tanks because you are worried about me. But I don't know whether you are just being defensive or whether you are an expansionist power. So if I see you building more tanks, I'm going to build more tanks. Your efforts to increase your security increase my insecurity. I respond and thereby increase your insecurity. And so on. - Security forever increases because always have to be on top and be the most secure because everyone fighting for their own self interest

Machiavelli

- Realism Author - Author of the Prince: Make Florence - "Let a prince win and maintain his state: the means will always be judged honorable, and will be praised by everyone." - History is a sequence of cause and effect - Politics are not a function of ethics, but of ethics of politics - Recognized importance of morality, but there can be no effective morality where there is no effective authority. Morality is the product of power

Waltz

- Realism author - Countries function in a structural world with various centers of "gravity" - Multipolar, bipolar, and unipolar - Polarity Dilemma - U.S. vs. China becoming bipolar world??

Walt

- Realism author - Defensive realism - What happens to international relations when a greater of power is in the hands of a single country? - China becoming growing power - A realist but optimistic view of China's ascendance an example of "defensive realism"

Thucydides

- Realism author - History of Peloponnesian War between Athens and Sparta • Assessed underlying vs. immediate causes of war • Underlying: shifts in balance of power between two major city-states • Immediate: specific decisions made by leaders • "What made the war inevitable was the growth of Athenian power and the fear that it caused in Sparta."

Morgenthau

- Realism author - Politics and society are governed by objective laws rooted in human nature (man is a composite of the economic man, political man, moral man, and religious man, need all for a perfect ruler), which hasn't changed for centuries

Carr

- Realism author - Realism teaches that there is no harmony of interests. States acts according to their own interests

Mearsheimer

- Realism author - A realist assessment of China's growth and potential challenges to international stability. China must be contained. - Regional hegemons want to keep other regions

Hobbes

- Realism author - Competition (for gain), diffidence (insecurity; for security), and glory (for reputation) rule human actions - Despondent over civil war in England: His book Leviathan was justification for a strong state that could provide security - Key insight: If there is no central authority, entities seeking to survive will be under constant threat and take measures to prevent attack. - The pursuit of power is perpetual

Westphalia System Values

- Recognize each other as sovereign rulers, SO... right to rule territory, collect taxes, and legitimately use force against the ruled - Recognize boundaries - Give each privileges: - Enter into treaties/alliances - Wage war on behalf of state - Delegitimize claim to rule territory by rival authorities - all these are newly introduced and used by nation-states today

Collective Security

- Shared common interest is so interconnected that if conflict would be against the greater good, SO interests are COLLECTIVE and therefore states work together to work against common threats.

Constructivist Transactional Anarchy

- Shared goal or interest ties together • Cooperation helps achieve goal • Some trust

What happened during the years between WWI and WWII with regards to human rights?

- Slow, incremental change - Declaration of the Rights of the Child - Decolonization movement by South Asia and parts of Africa in hopes to achieve the idea of the rights of self-governance by non-White people - Woman's Suffrage - Non-Governmental Organizations, such as: (1) International Federation of Human Rights (France) (2) Save the Children (UK)

Hierarchy

- Some kind of central authority - Feminism, Marxism

Ordering Principle

- Sovereignty - Organizes political power and authority among units in international system

Forum for Socialization

- State Relations Constructivist • Teaching and persuasion opportunities • Legitimate reward and sanctions for following or violating norms • Negotiate and normalize shared norms and discourses

The Atlantic Charter

- Stated the goals of the war: (1) No territorial aggrandizement (2) Self-determination (3) Restoration of self-government to those deprived of it (4) Freedom from want and fear (5) Better economic and social conditions (6) Disarmament of aggressor nations *Promised peace in post-WWII-world order **Suggested the fight against tyranny, nazism, fascism, and dictatorship was about freedom

What was some opposition to Dumbarton Oaks?

- States and citizens argued that the ideals held in the conference were not what the world was fighting for. That they had made more sacrifices in the war so that they could create more of a just and equitable world.

Abu Ghraib Detention Center

- The United States Army and the CIA committed a series of human rights violations against detainees in the Abu Ghraib prison in Iraq -Violations including: physical and sexual abuse, torture, rape, sodomy, and murder -Violations were exposed after CBS News published photographs of the abuse in 2004. -These incidents were asserted to be isolated incidents and not indicative of general U.S. policy, yet these abuses were happening in other overseas detention centers, such as in Guantanamo Bay.

How was World War II a catalyst for Human Rights?

- The allies used human rights claims as a way to fight tyranny, dictatorship, and fascism, which in turn created expectations and obligations for them to uphold after WWII - Four Freedoms Speech - Atlantic Charter - Declaration of the United Nations

Taguba Report

- The common name of an official Army Regulation military inquiry conducted in 2004 into the Abu Ghraib prisoner abuse by the United States military forces in Iraq - Found numerous incidents human rights violations perpetrated by several members of the military police guard force, including: (1) punching, slapping, kicking detainees; jumping on naked feet (2) videotaping and photographing naked male and female detainees (3) forcibly arranging detainees in various sexually explicit positions for photographing (4) keeping detainees naked for days at a time (5) piling up naked detainees and jump on them (6) forcing detainees to masturbate while being photographed and videotaped (7) Taking photographs of dead Iraqi detainees (8) Positioning a naked detainee on a MRE Box, with a sandbag on his head, and attaching wires to his fingers, toes, and penis to simulate electric torture...

Westphalian Sovereign State System

- The primary organizing principle of today's international system - Existed since 1648 - Primary units are nation-states: discrete, territorially bounded - Validated idea that international relations should be driven by balance of power considerations rather than Christendom - 190 states are widely recognized as sovereign - System covers most of the world's territory - Not only system; others include fedual and imperial

What is Universalism?

- There are no exceptions to human rights. - They are inherent or human. - Excuses cannot be made for why basic human rights should be set aside in some situations - Strict v Strong universalism **Most human rights activists and treaties embody the story universalist position

What are some of the challenges related to the International Covenant on Economic, Social, and Cultural Rights (ICESCR)?

- There currently are around one billion people who are illiterate, do not have access to food, water, adequate living conditions, health care, etc... -Immediate compliance is unrealistic

The State of Nature

- Thomas Hobbes - Realism - a State of War: not that war is occurring all the time but there is predisposition to war all the time. • you can't produce anything because of your obsession with security • life in this state of nature "is solitary, poor, nasty, brutish and short."

Coercive Organization

- Type of Nation-State - 'State as a protection racket' - State uses force against those who won't pay - State uses force to eliminate rival 'gangs' - Prominent early in state-making or competing authorities (e.g. early European states)

Social Contract

- Type of Nation-State - Contract exists between ruler (state/sovereign) and ruled (citizens/subjects) - Ruler has obligation to provide security and protect some basket of rights (vary by state) - Ruled has obligation to allow state to govern on his or her behalf (set and enforce laws; collect taxes; decide to go to war etc.) - Will create Legitimacy: States meeting its contractual obligations will rarely need to coerce citizens to comply with laws and decisions—and less likely to face rebellion when use force against those who do not.

National Community

- Type of Nation-State - Most states composed of multiple, diverse groups • State is political community: sense of belonging • State-making: Getting population to transfer loyalty to state- develop 'national' identity • Common 'origin' story, national values, and symbols (flags, money) • Some shared attributes: language, religion, ethnicity etc. • Common threats from 'out-group' • Legitimacy: Increases when strong sense of national identity—citizen sees interest as national interest • Challenge: National identity competes with other identity pulls from above and below - e.g. British v. EU identities; e.g. clan identities in Somalia

Competing Discourse

- Type of discourse - Disrupt practices by introducing new meanings and narratives

Prevailing Discourse

- Type of discourse - legitimate and normalize existing practices ('common sense')

Constructivist Friendship Anarchy

- UK-US? - • Close ties creates affection • Interest in their wellbeing • High level of trust

Constructivist Rivalry Anarchy

- US-China? - Competing goals or interests • Zero-sum: Their success is your loss • Low level of trust

United Nations Commission on Human Rights (UNCHR)

- Was a body created under the terms of the United Nations Charter in which all UN member states are signatories - Eleanor Roosevelt was the Chairwoman and was tasked to create a bill of the International Rights of Man - Was intended to examine, monitor, and publicly report on human rights situations in specific countries or territories -Abstentions from the UNCHR were from the Soviet Bloc, Saudi Arabia, and South Africa

International Labor Organization

- Was created by the League of Nations in response to the Bolshevik Revolution and taught to protect labor unions and workers' rights in hopes to dampen support for communism -Important Proposals: (1) All workers had the right to a sufficient wage (2) Women should receive equal pay for equal work (3) Require the eight-hour work day OR the 40-hour work week (4) One or more days for weekly rest (5) Freedom of association

The League of Nations

- Was the first international organization with the mission to maintain world peace - Goals: (1) prevent wars through collective security and disarmament (2) settle international disputes through negotiation and arbitration - Established the International Labor Organization (ILO) - Did not include language on human rights and therefore seen as a human rights failure - The United States never officially joined, while others withdrew (Germany, Japan, Italy...)

The European Union

- Was the outcome of the Treaty of Rome (1957) that set up a common market and the Maastricht Treaty (1992) that amended the Treaty of Rome to include Human Rights

Sovereignty Takeaways

- Westphalian sovereignty is the primary organizing principle of today's international system • Sovereign nation-states: Primary units in a Westphalian system • Other types of international systems exist: Different units and organizing principles (Empires; Feudalism) • Nothing 'natural' about sovereign system: Not far-sighted plan of statesmen from around the world but product of 17th C. European rulers looking to protect their own territorial interests without cost of fighting • Sovereignty has evolved: Sovereignty evolved as spread to other regions where conditions varied from Medieval Europe • Units (sovereign nation-states) can be understood as coercive organizations, social contracts or national community

Critical Theory

- What if we questioned the idea that anarchy structures the relations of sovereign states? - Hierarchy's structure relations of sovereign states - Shares constructivist analysis that world is socially constructed • Deconstruct social relations: Identity, norms, discourses • More explicitly normative objectives than constructivist analysis - Objectives: Problematize, Expose less obvious power dynamic, inclusivity, embrace diversity - Can scientists objectively observe the natural world? : Conventional vs. Critical analysis

International Norms

- aka social norms internationally - Mostly internalized: (examples) 1. Prohibition on slave trade 2. Prohibition on colonization 3. Prohibition on harboring terrorists or employing pirates - Contested norms: (examples) 1. Develop democratic institutions and liberal market economy 2. Use force without UN Security Council authorization except self-defense 3. R2P: Protect civilians facing worse human rights abuses

Marker of collective identity

- constructivist - Other group members expect you to follow social norms • Form of 'cooperation' - coordinate behavior

Constructivist Critique of Sources of Change

-Friendship not just transactional (liberal) • War seems unthinkable and positive-sum, common security not just non-threatening (realist)

soft law and general principles

-many general principles established in soft law documents (e.g. Principles of Jurisdiction)

Soft law and treaties

-may be easier for states to reach agreements if non-binding -may be easier for states to comply with non-binding documents because doesn't require domestic implementation -soft law instruments are often flexible -soft law provides an immediate indication of support compared to treaties

soft law and CIL

-soft law may provide evidence of an existing CIL (i.e. material source) -or provide opinio jures -not law making but may contribute to the development of norms of CIL

United Nations Human Rights Council (UNHRC):

Main UN body that discusses human rights issues -- special rapporteurs, different committees and specialized agencies, etc.

TWO types of universalism

1) Strict universalism Sense that there is no exceptions whatsoever when it comes to how these rights are interpreted and enforced 2) Strong universalism There are fundamental rights, but room for interpretation when it comes to culture and place For example -- "in X case, allowing free speech could put others in danger"

Innovations of the UDHR:

1) To bring together civil/political and economic/social rights under one document 2) Claim to achieve universality based on consultation and input from all around the world 3) Concise and elegant statement of the common achievement of human kind 4) Negotiation here between sovereignty and universality that is important (talk of applying to everyone everywhere but can still be tailored to a specific place) 5) Linkage between human rights and peace and security (global peace ultimately dependent on human rights being protected)

The commonly-accepted requirements for customary law are:

1-A relatively uniform and consistent state practice regarding a particular matter, 2-A belief among states that a relatively uniform and consistent state practice is legally compelled.

According to the Intl. Law Commission, a state can be held accountable for which of these acts by individuals (there are multiple)?

1-Acts of insurrection by groups or individuals who later become members of a new government of a state, 2-Act by individuals whom the state empowered to exercise government authority

Criticisms of customary law include which of the following?

1-It is difficult to analyze the practice of 193 states, 2-Relying on analyzing only a handful of states would create bias, 3-It is imprecise

Techniques states use for identifying non-compliance include:

1-Reporting by the member states on their activities in regard to their obligations under the agreement. 2-Establishing monitoring bodies to review reports by member states on their activities in regards to their obligations under the agreement. 3-Engaging in independent verification to ensure that activities are in keeping with their obligations under the agreement.

According to Kissinger, which two approaches to universal jurisdiction have emerged recently?

1-The application of international judicial standards within domestic criminal justice procedures. 2-The application of international judicial standards within a judicial international organization.

According to the Treaty on Treaties, or VCLT, IF there is no explicit mention of how to handle reservations in a treaty and one state objects to a reservation made by another state, THEN:

1-The objecting state can agree to have the entire treaty apply to all states except the state with the reservation. 2-The objecting state can agree to have the entire treaty except the provision under reservation apply to all states.

The vertical structure of international law is

1-centralized as it can focus on how supranational organization(s) are capable of creating international laws, 2-complex as it can focus on how national laws relate to international law

Which of the following can be general principles of international law?

1-principles within national law, 2-pacta sunt servanda, 3 notions of justice or fairness

Based on the Permanent Court of International Justice (the predecessor to the International Court of Justice), the sources of international law identified in 1920 were:

1-the teachings of international law scholars, 2-international custom,3-judicial decisions, 4-treaties, 5-general principles

Under which circumstances is military force permitted?

1-when a state is acting in self-defense, 2-when authorized by the U.N. Security Council

Constructivism

1. States are social actors that interact not just 'units' whose relations are defined solely by their power, economic relations or regime type. 2. 'Anarchy is what states make of it'—Anarchy permits groups of states to develop differentiated social relationships. 3. Social relations are constituted by collective identities, norms, discourses that state actors use to categorize world, define interests and guide actions 4. State actors often make decisions based on a logic of appropriateness rather than undertaking cost-benefit calculation. 5. Mutual constitution: The physical world cannot be separated from social world, nor can actors have identities without norms to follow and norms cannot exist without actors to talk about and act on them. 6. Change in state relations is not only possible and usually results from ideas championed by agents and spread and normalized through institutions.

Pamela Scully, "Gender, History, and Human Rights," in Dorothy Hodgson, ed., Gender and Culture at the Limit of Rights (Philadelphia: University of Pennsylvania Press, 2011), Chapter 1.

1. What are the arguments? 2. What is the evidence that supports these?

Shirley Williams, "Human Rights in Europe," in Samantha Power and Graham Allison, eds., Realizing Human Rights: Moving from Inspiration to Impact (New York: Palgrave Macmillan, 2000), pp. 77-109.

1. What are the arguments? 2. What is the evidence that supports these?

Santiago Canton, "The Inter-American Commission on Human Rights: 50 Yearsof Advances and the New Challenges." Americas Quarterly, Summer 2009.http://www.americasquarterly.org/Inter-American-Commission-Human-Rights

1. What are the arguments? Argues that the ratification of the Inter-American Commission on Human rights is necessary for the continued protection of human rights, but the Commission and the Court cannot force states to comply so we need domestic actors to pressure governments into compliance using tangible awards and making those obligations public.

Jina Moore, "She Ran from the Cut, and Helped Thousands of Others, Too," New York Times, January 13, 2018, https://www.nytimes.com/2018/01/13/world/africa/female-genital-mutilation-kenya.html

1. What are the arguments? a. A girl refused FGM and rallied others to do so after she was shamed from communities. She in turn educated others on the health risks of FGM and persuaded men and people that the tradition needed to be changed. It ended up creating a different ceremony to celebrate girls instead.

""If the US tortures, why can't we do it?" - UN expert says moral high ground must be recovered," December 11, 2014http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15406&LangID=E

1. What are the arguments? a. The U.S.'s reluctance to work on human rights issues at home makes it easier for other nations to avoid their own responsibilities toward human rights.

Kathryn Sikkink, Evidence for Hope: Making Human Rights Work in the 21st Century(Princeton: Princeton University Press, 2017), Introduction.

1. What are the arguments? a. Argues that Human Rights organizations must be effective if governments are working so hard to suppress them. b. Argues that there has been recent pessimism towards Human Rights effectiveness both outside and within Human Rights organizations due to more human rights attention c. Argues that there are four main types of actors that critique human rights institutions: (1) governments w/ poor H.R. records that don't want to be held accountable, (2) members of the general public who feel helpless, (3) various academics from different disciplines and viewpoints, (4) human rights activists who worry about the lack of progress d. Argues that H.R. progress does not require the use of military intervention or force e. Argues for six policy tools that should be used to address H.R. violations: (1) diminish war and seek nonviolence, (2) promote democracy and enhance existing democracies, (3) guard against dehumanizing and excluding ideologies and practices, (4) encourage states to ratify existing treaties, (5)end impunity by supporting accountability, (6) support, expand, and protect domestic and transnational mobilization on behalf of H.R. f. Generally believes that H.R. organizations benefits the world. 2. What is the evidence that supports these? a. Governments in various countries, such as China, Russia, Ethiopia, Israel, and India, have been cracking down on H.R. NGOs by blocking funds to foreign funds or making them register as foreign agents. "Why else devote energy to regulating, silencing, and delegitimizing them?" if not for fear of them working? (pg. 6) b. The H.R. movement has drawn attention to more H.R. violations around the world than positive H.R. outcomes, especially in the media. d. "Social science suggests military intervention is as likely to worsen human rights as to protect them" (pg. 16)

Paul Gordon Lauren, TheEvolution of International Human Rights: Visions Seen(Philadelphia: University of Pennsylvania Press, 2003), pp. 37-69.

1. What are the arguments? a. Argues that an increase in technology and globalization has lead to the spread of human rights ideology that has provided a basis for a common humanity. This common humanity is what led to the international action in pursuit of freeing the enslaved, assisting the exploited, caring for the wounded, and protecting the persecuted.

Sakiko Fukuda-Parr, Terra Lawson-Remer and Susan Randolph, Fulfilling Social and Economic Rights (New York: Oxford University Press, 2015), pp. 1-16.

1. What are the arguments? a. Argues that different countries are held to different standards based on their capabilities and that makes it difficult to quantify human rights progress. b. Argues that higher income doesn't always translate into improvements in human rights (as GDP is used as a measure of HR progress) c. Argues that in order for human rights success to be measured, the data must be (1) unbiased and transparent, (2) show trends over time, (3) incorporate obligations towards human rights process, (4) reflect standards of fulfillment including resource constraints d. Argues that the best way to do this is the SERF Index: A summary measure of social and economic rights performance based on international NORMS, uses international and administrative survey data to incorporate rights holders' duty bearers' perspectives, reveal trends over time and are comparable across countries. 2. What is the evidence that supports these? - the SERF Index defines the rights of individuals and obligations of states based on international laws - Measures the right to adequate food, social security, housing, etc. - Addresses how to incorporate perspectives on duty bearers and the rights holders

Michael Ignatieff, "Human Rights as Idolatry," Human Rights as Politics and Idolatry, pp. 53-98.

1. What are the arguments? a. Argues that human beings are at risk to their lives if they lack a basic measure of free agency. b. Argues that this agency needs protection through internationally agreed standards c. Argues that these standards should entitle individuals to oppose and resist unjust laws and orders within their own states d. Argues that when all other remedies have been exhausted, these individuals need to have the right to appeal to others in assistance in defending their rights. e. Argues for the "opt-out" option of an individual

Margaret Keck and Kathryn Sikkink, Activists beyond Borders: Advocacy Networks in International Politics (Cornell: Cornell University Press, 1998), pp. 1-38.

1. What are the arguments? a. Argues that human rights organizations create an advocacy network that gather information about what happened, how the violation speaks to treaties, names and shames violators, transforms information in a narrative that resonates with the people, uses leverage to pressure international organizations and governments, and holds governments and organizations accountable. b. Argues that we need advocates in places where the violation exists c. Boomerang Model: In-state organization tries to talk to State A and are blocked by the government, go to a transnational organization, which goes to State B, puts pressure on State A to change, international organizations are also putting pressure on State A

Leonard S. Rubenstein, "How International Human Rights Organizations Can Advance Economic, Social and Cultural Rights: A Response to Kenneth Roth," Human Rights Quarterly 26:4 (November 2004), pp. 845-865.

1. What are the arguments? a. Argues that human rights organizations need to work with local governments to build institutions and help develop better capacities to handle human rights. b. Argues that we can advance economic, cultural, and social rights be collaborating with partner organizations in the developing world, advocate for resources, and monitor state compliance. c. Argues that human rights orgs can build on existing frameworks in advancing economic, social, and cultural rights, but need more methods and need to deepen partnerships with local and national organizations. *Basically, believes human rights organizations are good because they assist local and federal governments in upholding their human rights.

Dorothy Hodgson, "'These Are Not Our Priorities': Maasai Women, Human Rights, and the Problem of Culture," in Dorothy Hodgson, ed., Gender and Culture at the Limit of Rights (Philadelphia: University of Pennsylvania Press, 2011), Chapter 7.

1. What are the arguments? a. Argues that most Maasai women have resisted the efforts placed on eradicating FGM because they believe the focus and energy needs to be placed on more pressing matters such as economic and political empowerment. b. Argues that NGOs involved in the anti-FGM campaign are contradicting women's rights and indigenous rights. c. Many NGOs want to impose their own beliefs about FGM on cultures of people, instead of recognizing the cultural aspect they want to impose their global north morals on the global south d. Argues that the problem of culture is really a problem of power. e. Argues that African elites are starting to speak for the rural, and poorly educated women Indigenous groups are slowly gaining international support, however most of these efforts have been organized by elite, educated men who don't pay a great deal of attention to the concerns and demands of the indigenous women -Elites sharing modernist western view rather than respecting indigenous cultures and traditions. f. For the Maasai, FGM concerns are low. They feel access to food, water, clean health care facilities are much more important.

Units and ordering principles (that structure how units relate to each other)

Criteria of a System

Thomas Risse and Kathryn Sikkink, "The Socialization of International Human Rights Norms into Domestic Practices: Introduction," in Thomas Risse, Stephen Ropp, and Kathryn Sikkink, eds., The Power of Human Rights: International Norms and Domestic Change (Cambridge: Cambridge University Press, 1999), pp. 1-39.

1. What are the arguments? a. Argues that norms have a role in shaping political behavior b. Socialization: The process by which principled ideas help by individuals become norms in the sense of collective understandings about appropriate behavior which then leads to changes in identities, interests, and behavior c. ARGUES that the process of Human Rights change almost always begins with some instrumentally or strategically adaptation by State governments to growing domestic and transnational pressures. 2. What is the evidence that supports these? a. Spiral Model: Domestic society is repressed by the State, where then international or transnational networks are enlightened about such repression and put pressure on the repressive state and mobilize international organizations into pressuring the state as well. The state denies the validity of human rights which leads to the society within the state building and mobilizing against the state as well as the international and transnational organizations. The pressure put on the state from both sides (internal and external) leads to the state making tactical concessions, resulting in policy change and regime change that ultimately leads to institutional change and rule-consistent behavior.

Steve Stern and Scott Straus, "Embracing Paradox: Human Rights in the Global Age," in Steve Stern and Scott Straus, eds., The Human Rights Paradox: Universality and Its Discontents (Madison: University of Wisconsin Press, 2014), Introduction.

1. What are the arguments? a. Argues that one of the most consistent themes in human rights literature is the absence of an international enforcement mechanism, therefore, universal human rights are only achieved in states with institutions and mechanisms to protect those rights through transnational networks that pressure governments to change. b. Paradox of human rights: When human rights exist, they are simultaneously global and local. It needs to be global for something to change locally, but is not universal. c. Argues that human rights are a form of "Humanity Law" d. Argues that there can be no human rights without a claim to the universal, transnational, and transcendent principle, but there can also be no human rights without the locality of politics, history and actors.

Kathryn Sikkink, Evidence for Hope: Making Human Rights Work in the 21st Century(Princeton: Princeton University Press, 2017), Chapter Four (pp. 94-137).

1. What are the arguments? a. Argues that the American Declaration of the Rights and Duties and Man were a crucial first step to providing international protection for rights. b. Argues that decolonization was both about sovereignty AND about human rights. c. Argues that one of the most important early and sustained human rights struggles during the cold war was the anti-apartheid campaign. d. Argues that American intervention in the justification of stopping communism during the cold war was a violation of these nations right to sovereignty in their actual pursuit for economic gains. e. Argues that the GREAT PARADOX OF HUMAN RIGHTS IS THAT GOVERNMENTS ARE BOTH THE MAIN PROTECTORS OF HUMAN RIGHTS AND THE MAIN VIOLATORS. f. Argues there is a new trend in world politics - the justice cascade 2. What is the evidence that supports these? a. How could you protect human rights if you didn't have agreed upon definitions of what human rights meant? b. Decolonization was linked to human rights and represented through the Bandung Conference, where attention was devoted to the self-determination of colonized countries as a human right. c. The anti-apartheid campaign was one of the first great transnational human rights campaigns. c.2. The anti-apartheid campaign also played an important role in the passing of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). d. Examples: The Congo, Iran (for oil), Rwanda, Bangladesh, Cuba, Guatemala, etc..

United States Senate Intelligence Committee Study on CIA Detention and Interrogation Program. "Findings and Conclusions," 19 pp.

1. What are the arguments? a. Argues that the CIA's use of torture was not effective in gaining cooperation or intelligence from detainees - it actually led to false, fabricated information. b. CIA justified the use of torture resting on its inaccurate belief that it worked - much of the information was already available to the CIA or extracted from detainees who had not been tortured. c. Interrogations of detainees were more brutal than the CIA had stated to policymakers. d. CIA gave false information to the DoJ e. CIA impeded White House decision making and oversight by giving inaccurate or incomplete information f. CIA didn't evaluate the effectiveness of enhanced interrogation despite recommendations to do so. g. Program damaged U.S. reputation and resulted in non-monetary and monetary costs (reputation, human rights standing, $300 mil.)

Andrew Moravcsik, "The Paradox of U.S. Human Rights Policy," in Michael Ignatieff, ed., American Exceptionalism and Human Rights (Princeton: Princeton University Press, 2005), pp. 147-197.

1. What are the arguments? a. Argues that the United States has its own rules to live by because it is an exceptional country. b. Argues that there is a paradox of human rights policy in America due to the U.S.' rhetoric promoting global human rights but not holding them up to their own standards at home c. Argues that human rights progress in the united states is difficult because of the structure of the government. (Reaching a 2/3 majority is difficult for anything) d. Argues that it also is too decentralized of a system. Someone can veto or stop and international law from being passed on multiple levels of the government, possibly not reflecting the public. e. Argues that international law could violate constitutional law, which American will choose the constitution to supersede international law any day (SOVEREIGNTY :( )

Michael Ignatieff, "Human Rights as Politics," Human Rights as Politics and Idolatry (Princeton: Princeton University Press, 2003), pp. 3-52.

1. What are the arguments? a. States that Human Rights language reflected common sentiments around the world at that time that condemned the atrocities occurring during WWI to WWII. b. States the Universal Declaration of Human Rights was created in response to the atrocities present during that time and are designed to help protect against barbarism and give rights to individuals. c. Argues that the lack of enforcement capabilities and biases by various states and human rights NGO's has led to human rights activism being biased and wholly ineffective. d. Argues that in order to enforce human rights, the world needs an international body, like an International Criminal Tribunal, to enforce said violations. e. Argues that intervening into a human rights conflict in another state often destabilizes said state in the pursuit of said human rights and ultimately worsens the human rights conditions in that state even more.

The Security council includes which permanent members?

France, United Kingdom, China, US, Russai

Kathryn Sikkink, Evidence for Hope: Making Human Rights Work in the 21st Century(Princeton: Princeton University Press, 2017), Chapter Five (pp. 139-180).

1. What are the arguments? a. Argues that the issue of improvements in human rights is an empirical question, requiring us to look closer at the data we have on issues that most would agree constitute human rights progress b. Argues that there is overall less violence and fewer human rights violations int he world than there were in the past. c. Argues that evidence shows fewer episodes of violence regarding genocide. d. Argues that human rights ideas provide an alternative to ideologies that contribute to genocide - dehumanizing and exclusionary ideas. e. Argues that there is more of a large plurally of countries in the world that agree that the death penalty is a violation of human rights f. Argues that human rights movements have had an impact on women's rights. g. Argues that there are three issues that influence the debate over the effectiveness of Human Rights: (1) The Information Paradox (2) Heuristic biases (3) Changing standards of accountability 2. What is the evidence that supports these? e. Research shows that countries that have ratified the death penalty protocols are more likely to abolish the death penalty in law or practice later. f. Shows that the ratification of CEDAW has led to increases in girls' education and female representation. g. The information paradox is the way activists, by creating new issues and producing more information, can sometimes give the impression that practices are getting worse, when in reality people just know more about them. g2. Heuristics and biases make humans more prone to pay more attention to prominent information and to notice and believe negative information more. (availability heuristic and negative bias) Case in Brazil regarding information paradox: Current evidence shows there is more torture and more executions in today's Brazilian democracy than during the authoritarian regime. This evidence is skewed by the lack of taking into account the hidden information of the regime regarding tortures and killings. We also have to take into account that the information comes from organizations, such as Amnesty Internation, whose ethos is widely critical regarding human rights violations.

Kenneth Roth, "Human Rights Organizations: A New Force for Social Change," in Samantha Power and Graham Allison, eds., Realizing Human Rights: Moving from Inspiration to Impact (New York: Palgrave Macmillan, 2000), pp., pp. 225-248.

1. What are the arguments? a. Argues that the rapid increase of human rights NGOs has increased the strength and scope of human rights. b. Changes in human rights ideals, improved communications, press, policies of influential governments, etc. all are sources of strength to why human rights are more effective today than when the UDHR was adopted. c. Some challenges are states' resistance to human rights, economic power as a barrier, opposition of international businesses, leniency of powerful countries, etc. d. Argues we need to expand enforcement of norms and need to mobilize popular support for human rights.

Stephen Hopgood, The Endtimes of Human Rights (Ithaca: Cornell University Press, 2013), Preface and Chapter 4.

1. What are the arguments? a. Argues that there is no more consensus on what human rights are due to competing modern understandings, therefore, human rights is doomed to end.

Courtney Hillebrecht, "Compliance with Human Rights Tribunals: AnAssessment." e-IR, Nov. 25, 2013. http://www.e-ir.info/2013/11/25/compliance-with-human-rights-tribunals-an-assessment/

1. What are the arguments? a. Argues that there the two factors influencing compliance are domestic institutions and incentives to comply. 2. What is the evidence that supports these? a. Tribunals have no enforcement capabilities so it is up to domestic institutions to enforce them b. States that have a powerful civil society and media are more likely to feel obligated to comply if they feel pressure c. We need to use incentives to motivate states to comply, aka political incentives

Kenneth Roth, "Defending Economic, Social and Cultural Rights: Practical Issues Faced by an International Human Rights Organization," Human Rights Quarterly26:1 (February 2004), pp. 63-73.

1. What are the arguments? a. Argues that we can't just turn to economic and social rights because the human rights system depends on a naming and shaming mechanism to try and change behavior. b. With economic and social rights, there is a less clear violator, therefore we don't have people to blame. c. Argues the H.R. organizations achieve success through investigating, naming, and shaming, especially when there is a violator, making the remedy clear, which is why they focus more on political and social rights. d. Argues that human rights organizations need to outrage the general public in order to make social and economic change **Argues that the naming and shaming aspect of human rights organizations cannot really positively affect social and economic rights because there is not a clear violator.

Donald J Trump, Interviewed in February 2016, on waterboarding and torture: https://www.youtube.com/watch?v=Kpj3pp10wD8 and in January 2017, with a response of Rand Paul: https://www.youtube.com/watch?v=k6rEbqDggEg

1. What are the arguments? a. Basically, Trump supports waterboarding to extract information from terrorists. Thinks it is not tough enough. b. Rand Paul disagrees, stating that torture is against the law and hopes it remains against the law. -Many detained prisoners were mistakenly identified.

Neil Englehart and Melissa Miller, "The CEDAW Effect: International Law's Impact on Women's Rights," The Journal of Human Rights 13:1 (2014), pp. 22-47.

1. What are the arguments? a. CEDAW has the weakest enforcement out of all of the human rights treaties b. CEDAW is an example of an effective human rights treaty c. Countries that ratify CEDAW have good records of human rights after ratification 2. What is the evidence that supports these? a. Shows significant positive effects on the human rights status of women b. Largest effects are on the political rights of women, small effects on social, virtually no effects on economic rights

Steven Jensen, The Making of International Human Rights: The 1960s, Decolonization, and the Reconstruction of Global Values (New York: Cambridge University Press, 2016), Chapter 1 (pp. 18-47).

1. What are the arguments? a. It was only with the decline of colonialism that human rights could fully emerge as an international ideology 2. What is the evidence that supports these? a. The Bandung Conference was notable for its significant attention towards human rights and self-determination. As a result, decolonization began to take off, opening the door for newly sovereign states to write human rights ideals within the framework of their new states.

Eric Posner, The Twilight of Human Rights Law (New York: Oxford University Press, 2014), pp. 69-122.

1. What are the arguments? a. Posner is a realist and believes that the reasons why sometimes human rights treaties work and sometimes they don't is that people don't care about the human rights of foreigners. b. Argues that NGOs are helpful in naming and shaming, but have no power to actually coerce or make any actual change c. Argues that human rights treaties do not systematically improve human rights outcomes. d. Argues that there if there is domestic pressure to comply to human rights, it will do so regardless of whether or not it enters into a treaty. e. Argues that treaties are too vague and conflict with each other 2. What is the evidence that supports these? a. Serious efforts to enforce HR are rare and only are in response to the worst atrocities. e. Argues that the ICESCR provides no guidance as to how resources should be allocated

French Declaration of the Rights of Man and of Citizen (1789)

French declaration which is very similar to UDHR, more similar than US Bill of rights

General John Kelly, at hearings for Secretary of Homeland Security, https://www.youtube.com/watch?v=9OvL0CsBwfM

1. What are the arguments? a. Views the torture of prisoners should not be happening and that we need to follow the law and uphold them.

Emilie Hafner-Burton and Kiyoteru Tsutsui, "Human Rights in a Globalizing World: The Paradox of Empty Promises," American Journal of Sociology 110: 5 (2005), pp. 1373-1411.

1. What are the arguments? a.More states have ratified human rights treaties, but the amount of states that repress human rights has also grown over time. b. Treaties are not designed to make governments accountable for their commitments c. States are more embedded in INGOs than in International Human Rights d. Democracies and states open to the international economy are better human rights protectors e. Argues that International agreements could be a cover-up for human rights repression (Radical Decoupling) f. Paradox of empty promises: Legal commitments to human rights while violating these commitments, allows non state actors like INGOs to pressure governments towards compliance and makes non-compliant governments vulnerable to embarrassment and the loss of legitimacy 2. What is the evidence that supports these? a. Human Rights isn't meant to supply members with enforcement mechanisms, which leads to a gap in ratification and behavior b. Models and norms take time to be acquired, so decision to ratify is a symbolic gesture, but doesn't necessarily lead to compliant behavior

The U.N. Security Council Resolution ____ established a regime designed to target people and organizations associated with Al Qaeda

1267

Declaration of Rights of the Child

1924, along with International Labor Committee one of the interwar HR provisions

Transnational justice

A change in international human rights law that places a greater emphasis on amnesty and reconciliation rather than punishment

Declaration of the United Nations

A document created in 1942 during thee Arcadia Conference that became the basis of the United Nations (UN), founded i 1945.

Prisoners of conscience (POCs)

A label coined and used by the human rights organization Amnesty International to refer to individuals imprisoned solely because of the peaceful expression of their beliefs.

International System

A model to simply describe the geopolitical world.

African Peer Review Mechanism

A mutually agreed upon instrument voluntarily acceded to by the member states of the African Union (AU) as a self-monitoring mechanism. -Encourages conformity in regard to political, economical, and corporate governance values, codes, and standards, among African countries. - Based on a self-assessment questionnaire that are designed to assess stats' compliance. - After the review, the country is supposed to implement its program of action, but it is only a recommendation.

Social System

A patterned series of interrelationships ex) - Class (capital/landowner), - Racialized (apartheid), - Gender (patriarchy), - Colonial (british empire)

What is Natural Law?

A philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature, and that can be understood as human reason. It is implied to be UNIVERSAL. - First used by Greeks - Is a precursor to the idea of universal human rights.

Individual petition

A right that permits individuals to petition appropriate international legal bodies directly if they believe a state has violated their rights.

Moolaadé

About how social pressures can prevent women from avoiding the cut women should have the "opt-out option

Suggests that U.S. and other states' judicial bodies generally decline to sit in judgment of other states

Act of State Doctrine

Universal Declaration of Human Rights (UDHR)

Adopted by the United Nations General Assembly in 1948, this declaration defines a "common standard of achievement for all peoples" and forms the foundation of modern human rights law.

Fernandez Ortega v Mexico

Advocate for indigenous rights detained, raped, and tortured by military officials - Court ruled that state had an obligation to be held responsible and had to reform laws, state had to publicly acknowledge the violation, train officials on human rights, set up a center for the education and promotion of indigenous rights, and provide care for the advocate and her family

Which state acted as a third-party mediator in U.S.-Iran talks?

Algeria

Geneva Conventions (Laws of War)

All countries in the world ratified Traditionally considered part of humanitarian law, not human rights; meant to govern the conduct of warfare; some people call it the laws of war Four principle conventions, mostly passed after WWII in 1940s - treatment of wounded and sick in the field, at sea, treatment of prisoners in times of war, protection of civilians in time of war o Geneva as "Laws of War" or humanitarian law o Third Geneva Convention in focus here o Articles 1-4

Convention for the Protection of National Minorities (Europe)

Allows minority languages to be taught at a regional level in schools or to be used in government buildings **Due to the many different local languages used in countries, such as France or Germany.

What is the Universalism vs Relativism debate?

Are "universal" HR standards at odds with religious and cultural values and practices? If so, what takes precedence: "tradition" or HR?

Cultural Imperialism

Argument that HR are Western ideas that we are trying to push onto other countries

Cultural Relativism:

Argument that human rights are suggestive to the culture Strauss gave the example of a Pakastani man kissing his baby's genitals while rejoincing he had a son and hospital staff reported him Actually, human rights reflect a cultural system (of the global North), and the presumption of universalism implies one culture is superior to another. "sidearm of capitalism"

Resistance, Delegitimization, Empowerment, Mobilization

Functions of Counter-hegemonic Discourse

Determined both foreign state immunities under U.S. law as well as exceptions under which these state may not be granted immunity

U.S.' Foreign Sovereign Immunities Act of 1976

Universal Declaration of Human Rights

Based on the French Declaration of the rights of man and Even closer to the Universal declaration Rosseau claimed natural law (Philosophical origins) Natural law - law comes from nature not society, predates society and human rights Natural law is not necessarily a religious ideal, ancient greek philosophers were talking about natural law before christianity and other religions were developed.

Change from WW1 to WW2

Big change was that the European colonizers were not as powerful Self-determination of colonies Substance of the fight during WWII at its core was about human rights (Atlantic Charter, etc.)

Military Commissions Act of 2006

Bill adopted after Hamadan v. Rumsfeld Hamadan (former driver of Osama who was tortured) v. Rumsfield (Secretary of State who knew what was going on) - Supreme court decided that the Geneva Convention applied

1950s-1980s

Bipolar

ECtHR Case #4: Bitiyeva v Russia (2007)

Bitiyeva and her son were detained and subjected to poor treatment in detention (lack of food, denied medical issues, torture). Released after 10 months in detention having found no violation. Her husband and son were assassinated by Russian Government. Case brought to court by surviving daughter and court ruled that Russian Government violated various rights.

What is soft law?

Boyle - soft law includes declarations, resolutions, guidelines. 'Non-legally binding instruments used in international relations'. States spend a lot of time negotiating soft law. Not binding themselves. has a normative quality - states are agreeing to something, just not to a legal obligation. Sometimes its easier for a state to comply with soft law than hard law. Soft law must be in writing. Examples include 1948 UDHC, 1992 Rio Declaration on the Environment and Development. Advantage of soft law: can assist in promoting compromise and prevent deadlock. may become hard law: provisions contained with UDHR are reflected in 1966 UN International Covenants.

ECtHR Case #1: Interstate: Ireland vs. Britain (1971)

Britain enforced torture methods that were found inhumane by the European Convention on Human Rights, and as a result, Britain changed their interrogation methods

Englehart and Miller

CEDAW has an effect at improving women's rights Especially civil and political rights Conditional on state capacity and income

Inter-American Court Case Study #4: Guatemala

Children harassed, tortured, and executed. Court ruled rights were violated and that they interpreted the American Convention to say that Children had the right to a dignified existence, so Guatemala had a right to care for children and give them basic education.

Inter-American Court Case Study #2: Peru 2006

Civil war that showed considerable brutality on both sides of the war. The government had raided a prison in 1992 and ultimately killed 41 rebels who were in detention in the prison. Court ruled that the murder of those who were in detention were a violation of human rights, but what it is remembered most for was that the court ordered that a memorial be constructed and had to include the names of those who lost the lives in the government raid. This decision turned out the be controversial inside of Peru because for many at the time, there was one set of people who were doing bad things, and that was the Shining Pack, not the Government. What the court ruling said was that the government was ALSO responsible in violations of human rights during the war.

Inter-American Court Case Study #1: Honduras 1988

Concerns a man who was arrested without a warrant, thought to have been an abduction. The people who took him were tied to the Honduran government. The man went missing. The commission said they had no proof that the allegations against the government were not true and therefore referred the case to the court. The court was warned that its hearings would have negative effects and someone who was summoned to the court was killed before he could testify. Court ruled that the State had violated rights to life. Required Honduras to compensate victims and their families. They did not. Case was brought back to commission and court and the court made a rule that damages had to be paid to the family. The documentation of the incident was a major knock on the reputation on the Honduran government.

Inter-American Court Case Study #5: Mexico 2010

Concerns woman named Fernandez Ortega, an indigenous advocate, who was taken by the military, raped, and tortured in Mexico. Case was presented to the Mexican government who said that it could be tried in military tribunal. Case then was brought to commission due to lack of due process of law and referred to Court. Court came down in favor of Ortega, arguing that the state had the obligation to investigate military members who raped and took her. State also had the obligation to try her in a normal court. State had the obligation to train officials better. State also had to set up a center for the education of rights.

Convention on the Rights of the Child (CRC)

Considered to be a major Only not the US who has ratified

Ideas, Agents, and Institutions: Socializing Environments

Constructivist analysis of change 1) Ideas: Identity and interest: 'who we are' and 'what we want' • Best course of action: New norms, redefine problems and solutions 2) Agents ('people') matter • Elites: Politicians, diplomats • Well organized groups: Activists, Scientists, Business groups 3) Institutions matter—as social environments: Germany/France: NATO, European Union, OECD, Council of Europe etc.

An example Murphy uses to explain general principles of international law is:

Corfu Channel

Treaty reservations

Countries can attach reservations and declarations that are "opt-out" clauses Creates loopholes but allows for states to express their sovereignty

Hamdan v. Rumsfeld

Court case that was filed by Hamden, former driver of Osama Bin Laden who claimed he was held indefinitely U.S. Supreme Court ruled Hamdan's rights were violated and that Geneva Conventions still do apply to terrorists

ECtHR Case #9: Charron and Merle-Montet v. France (2018)

Court ruled against the petition of two gay women who argued that the hospital should artificially inseminate because they wanted a child but was denied. Argued that they had not exhausted all of their potential remedies.

International Labor Organization

Created between WWI and WWII Includes Declaration of Rights of the Child

Eric Posner

Crude legalism Laws bind states to abide by HR principles Rule naivité purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights.

Treaty vs. Declaration

Declaration has no enforcement mecs, it's a set of standards -- treaties = legally binding, declarations = morally binding

Abu Ghraib

Detention center located in Iraq. most visible symbol in US, CIA detention center, enhanced interrogation techniques, does the Geneva Convention apply?, Lead to policy change

Cultural Relativism

Different societies have different ideas of morality, so what might be considered unlawful in one society may be considered lawful in another Idea that there can't just be one standard that applies to everyone because everyone has different values Values are rooted in the different cultures, so what's right and wrong to us may be different than what's right and wrong in another country Who's to say what one culture and society does is wrong

Tools for coercing state compliance include:

Diplomatic sanctions, economic sanctions, military enforcement

African Court of Human and Peoples Rights

Doesn't publish findings so they don't don't have name and shame power Weakest of all 3 mature HR institutions (not including Asia because they are too new) Focus on domestic taking precedence over Court (what makes it weaker / different than Europe and Inter-American)

Hathaway

Domestic democratic institutions "Self-enforcement" and reputational effects Differential effects of human rights

Spiral Model

Domestic society is repressed by the State, where then international or transnational networks are enlightened about such repression and put pressure on the repressive state and mobilize international organizations into pressuring the state as well. The state denies the validity of human rights which leads to the society within the state building and mobilizing against the state as well as the international and transnational organizations. The pressure put on the state from both sides (internal and external) leads to the state making tactical concessions, resulting in policy change and regime change that ultimately leads to institutional change and rule-consistent behavior.

How Treaties Work

Drafting Signing Ratification Reservations, Understandings, and Declarations Treaties "come into force" Treaty Committees

UNESCO Philosophy Committee:

Drafting of UDHR Philosophers around the world 15 common convictions (don't worry about it) Solicitation of 150 thinkers from around the world Civil/Political vs. Economic/Social Rights Human Rights as Legally vs. Morally Binding What should trump: state sovereignty or universal HR?

San Francisco Conference

Drafting of Universal Declaration

Dumbarton Oaks

Drafting the UN charter, initially without mentioning HR because USA (Jim Crow), UK (, and Russia (eastern europe) were all against it Big 4 meeting, only China wanted HR to be added Many smaller countries were upset that they were left out of talks and wanted more HR to be included Dumbarton Oaks Principles key first step, calling for: Security Council, General Assembly, and other measures National sovereignty to be respected

Sovereignty

Each unit is recognized central political authority with right to rule over a defined territory and population, to the exclusion of all other external and internal authorities

European Social Charter

Essentially is the European equivalent of the ICESCR and its concept of progressive realization or relative ability. Relative ability clause: States have different levels of ability to achieve rights

According to Roth, Pinochet was granted immunity from prosecution in Chile because he gave detailed testimony about his crimes.

FALSE

Kissinger agreed that the best step forward was for the U.S. to refuse to join the ICC, but to agree to provide it with intelligence to try those alleged of war crimes. T/F?

FALSE

A state can be held accountable for a breach of international obligations, EVEN in cases in which its action is due to force majeure or resulting from an unforeseen event or irresistible force beyond its control. T/F

False

A state may espouse a claim on behalf of a person, even if that person is not a national of the state. T/F

False

In the Chorzow Factory case, the Permanent Court of International Justice (PCIJ) favored compensating the Germans for property confiscated by Poland during World War I rather than requiring Poland to return to the stolen property T/F:

False

The Treaty on Treaties is formally called the Rome Convention on the Laws of Treaties. T/F?

False

The general rules for the responsibilities of states are codified in the UN Convention on States' Rights and Obligations (1987) T/F

False

according to Keating, a right to recognition has been codified under international law. T/F

False

Why has the United States refused to join the international HR treaties (especially CAT)?

Focus on sovereignty Constitution worship Geopolitical power Few econ interests Anti-socialist ideas and containment Strong ideas about rights v. entitlements (work for what you get) Separation of powers/ veto power Geographically isolated Individualism

defined territory, permanent population, effective control of government, capacity to enter into relations with other states (treaties)

Four Criteria for a State to be considered Sovereign

ECtHR Case #7: Oliari and others v. Italy (2015)

Gay men were denied the right to marry inside of Italy and appealed to the Italian domestic institution and argued rights had been violated and was denied. The Human Rights Court ruled against Italy that there is no right for marriage, but that Italy must provide alternatives that amount to marriage before the law, whereby gay men and women would not be discriminated in the eyes of the law.

Which of these are organs of the UN?

General Assembly, UN Security Council, the International Court of Justice

Global-local paradox

Globalization, trying to take a global concept such as HR and apply them to a local level to avoid imperialism and respect culture

Not noticeably

Globally, how have human rights practices changed over the last 20 years?

Office of the High Commissioner

Goes to country and focuses more on HR overall not so much treaties "Naming and shaming" Not just certain treaties

Realist Perspective

HR doesn't do anything, powerful states do what they want HR are "cheap talk" No "naming and shaming" Hopgood and Eric Posner ("Rule naivité" (Eric Posner))

Paradox of empty promise

Hafner-Burton and Tsutsui- INGO actors can "name and shame" States comply as a mode of "window dressing" and helping their reputation

Which of these are examples of FTOs mentioned by Murphy?

Hamas, Basque Fatherland and Liberty

Boomerang model

Highlights how NGO's influence INGO's and secondary states in order to pressure their Domestic state into complying with HR Rights

Religious v Political Origins

Human beings and the likeness of God, humans as sacred, Responsibility to others Natural Law, with an ideal state of nature and the idea of pre-political, pre-social rights, is a precursor to the idea of universal human rights.

Universalism

Idea that it applies to everyone regardless of religion, where you live, gender, etc. International human rights like some of these fundamental rights free speech, freedom of religion, etc. are and must be the same everywhere They are the universal baseline that people should be entitled to by virtue of being alive -- fundamental to the human rights idea These rights should not be context specific (apply to all people and all places)

Four Freedoms Speech

In 1941, FDR declared that his intention was four essential freedoms: (1) Freedom of speech and expression (2) Freedom of worship (3) Freedom from want (4) Freedom from fear

ECtHR Case #5: S.A.S. v France (2014)

In 2010, France banned the Niqab and the Burka in effort to be anti-secular. The petitioner ruled that the law was a violation of the European Convention on Human Rights as a violation of Freedom of Religion, Discrimination, and privacy. The court ruled that that was not the case. That France has a margin of maneuver in what it could say was allowed in public space regarding how people dressed or exercised their religion.

States with poor human rights practices

In general, what type of state most frequently ratifies human rights treaties?

Minimum Core Obligation

In regards more to Economic rights Some states don't have the same resources as other states so they have a "minimum core obligation," in other words they have to make their best efforts to meet certain standards of econ rights. Not really a quantifiable minimum obligation Generally means: must have a plan and make progress

Transnational advocacy networks

In the context of human rights, what are TANs?

Regional trade agreements

Influence human rights by linking good human rights practices to trade benefits.

Ingabire Victoire Umuhoza vs. Republic of Rwanda

Ingabire is a political opposition figure that lived in Belgium, went to Rwanda and launched a political party, arrested for publicly talking about genocide, detained, arrested - Goes to court but is harassed in court and convicted - Mixed ruling of African court: Rwandan government didn't allow for freedom of expression in the African Charter, also found that Rwanda had not violated some of her rights and could not compel the state to release her from prison, which Rwanda still has not done - Rwanda denounced protocol on individual petitions

African Court on Human and People's Rights Case Study: Ingabire v Rwanda

Ingabire is a political position figure in Rwanda. Rwanda is an oppressive state. She comes to Rwanda and launches her political party and states that there were victims of genocide in Rwanda, but that there were other victims too. She gets arrested and detained and charged with denying genocide. She is not given much of a fair trial. She brings the case to the African Court and the Court issues a mixed ruling: they found the Government was not allowing freedom of expression as articulated in the African Charter, but also found that Rwanda had not violated her rights and that her claim on Genocide denial was too broad. They could not compel the state to release her from prison, but encouraged them to do so. They had previously ratified the protocol allowing individuals to make petitions, but now only group and state actors can make petitions to the court.

Taguba Report:

Internal investigation into Abu Ghraib Found criminal abuses at Abu Ghrab Photographs were leaked across the world Presented beatings, hangings, waterboarding, rectal rehydration, humiliation, psychological abuse, hooding, sleep deprivation, load music, dogs

Issues with the prosecution of torture offenders

It is almost always low-level officials, never officers.

US reaction to International Criminal Court

It signed the treaty creating the court, but later withdrew its signature.

European Commissioner on Human Rights

It's kind of just a person who goes around to various locations around Europe and issues reports on Human Rights

ECtHR Case #8: Butkevich v Russia (2018)

Journalist covering anti-globalization protest in Saint Petersburg and arrested and released. Court ruled that detention and treatment was a violation of rights.

Information Paradox

Living in the information age makes it seem like Human rights are worse off than ever before

Liberal/Institutional Perspective

Makes the life of NGO's and individuals easier because it gives definitions and structures and norms States comply with international treaties and organizations to advance self-interests Reduces transitional costs "Naming and shaming" Ignatieff More of a focus of reputational benefit States have incentives They reflect outcomes of domestic political struggles at particular times, aimed at securing gains for long run

ECtHr Case #10: Smajic vs. Bosnia and Herzegovina (2018)

Man was on the internet and started making derogatory statements against Serbians. The state arrested him. The man states that his detention violates his right to free speech. Court ruled that Bosnia was in their right to detain him due to various levels of acceptance with regards to the incitement of violence.

Pre 1945

Multipolar

Polarity Dilemma

Multipolar, bipolar, and unipolar which is most stable? Where are we heading? China v.s. U.S. - Distribution of power dilemma

Naming and Shaming

Nongovernmental organizations like Amnesty International play an important role in enforcing human rights standards around the world by

Problematize, Expose less obvious power dynamic, inclusivity, embrace diversity

Normative Objectives of Critical Theory

Vernacularization of Human Rights

Not everyone has the same access to basic "human rights" like the right to food, water, adequate standard fo living.

ECtHR Case #6: Al-Nashiri and Husayn v Poland (2014)

One man was detained in Pakistan and the other in Jordan. They were brought under the control of the CIA and brought through the rendition campaign to Poland and taken to a "black site" -a secret detention center - and were subjected to water boarding and torture and transferred to Guantanamo Bay. Court ruled that Poland had violated the Convention of Human Rights by allowing the CIA to transfer these men and hold them in a "black site."

The distinction between the two types of NGOs is:

One type of NGO is founded exclusively in national law only, while the other type has affiliated offices with legal status in other nations.

Self-enforcement

Part of State Sovereignty Paradox, states must enforce HR bills upon themselves, that means that states with strong check and balance systems are the most likely to follow the treaties that they ratify

Reputational Effects

Part of the liberal/institutional perspective

Clawback Clauses

Phrases which could effectively remove (or at a minimum severely curtail) the rights ostensibly guaranteed.

American Exceptionalism: define and delineate two different camps

Pluralist: US exceptionalism, US doesn't have much to gain Rights Culture: reverence for constitution, popular sovereignty (people don't want things that they can't vote on being put into law), negative liberties ONLY culture

1st Generation Rights/Negative Rights

Political and Civil Rights Based a lot in Democracy, favored by democracies Rights *from* something ICCPR (International Covenant on Civil and Political Rights)

Beth Simmons. 2009

Pro-HR Treaties:This chapter has provided evidence that governments ratify human rights treaties for both sincere and strategic reasons They calculate the costs versus the benefits in the context of their values, region, national institutions, and time horizons Most successful compliance is when citizens can have motive and ability/means to succeed in demanding rights

Detainee Treatment Act of 2005

Prohibits torture but also shields prosecution for those who committed torture previously

International Covenant on Economic, Social, and Cultural Rights (ICESCR)

Pushed by communist powers Second generation rights Positive rights

International Covenant on Civil and Political Rights (ICCPR)

Pushed by democratic powers First generation rights Negative rights Available for signing 1966; into force 1976 Articles close to first 21 articles of UDHR Optional Protocols Protocol 1: Petitions by non-state actors Protocol 2: Death Penalty 4th most ratified treaty

Quiz question

Q: Why are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) two separate documents? A: Because during the Cold War the United States and its allies wanted human rights law focused on political and civil rights while the Soviet Union and its allies wanted human rights law focused on economic, social, and cultural rights.

Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)

Ratification had 0 effect "Window Dressing" argument origins Definition of Torture: No safe haven- if someone in your country has committed torture and you've ratified the CAT you must either extradite them or try them in your country Geneva Convention was the first: Third geneva convention "Laws of War" NO EXCEPTIONS

International Bill of Rights

Refers collectively to the UDHR, the ICCPR, and the ICESCR. Together, these three agreements form the core of the international human rights regime.

Progressive Realization Clause

Related to "minimum core obligation"

2nd Generation Rights/Positive Rights

Right to have something ICESCR (International Covenant on Economic, Social and Cultural Rights) Social and Economic rights Based in communism

Nonderogable rights

Rights that cannot be suspended for any reason, including at times of public emergency.

According to Keating, whose veto will prevent Kosovo from becoming a full UN member?

Russia

Inter-American Court Case Study #3: Dominican Republic

The court ruled that the Dominican Republic had errored in its denying of birth certificates for those ethnic patients born in the DR and that they should have been allowed to go to school. Significant ruling in

Murphy uses which examples to illustrate the duty to consult?

UN Convention on the Laws of the Sea, The Lake Lanoux case

1990s

Unipolar

Hamdan v. Rumsfeld (2006)

Salim Hamdan, a citizen of Yemen, who was a bodyguard and chauffeur for Osama bin Laden, was captured by militia and turned over to the U.S. where he was sent to Guantanamo Bay. Hamdan was charged with conspiracy to commit terrorism and the Bush administration made arrangements to try him before a military commission. Hamdan challenged the constitutionality of the military commission, arguing that it lacked the protections required under the Geneva Conventions and the United States Code of Military Justice due to the lack of a constituted court recognized as indispensable by civilized people. Hamdan's argument first was approved by the District Court, but appealed by the Appeals Court, citing that military commissions are legitimate forums to try enemy combatants and that member of terrorism regimes are not covered by the Geneva Convention. The Supreme Court reversed the ruling of the Court of Appeals, holding that President George W. Bush did NOT have authority to set up war crimes tribunals.

Inter-American Court of Human Rights

Second most effective Doesn't get through very many cases Econ system isn't quite as strong as Eurozone Most states don't allow for individuals to sue states For the few that do they must first go through the commision

Memo Wars

Secret classified memo war between ____ and the state department deciding on whether the US's interrogation methods were legal, were found and published Do Geneva Conventions Apply? AG Gonzalez: Geneva is 'Quaint' and 'Obsolete' Pushback from State Dept Bush Memo What Constitutes Torture? Yoo Memos: Intention Bybee: 'Tantamount to Organ Failure'

Constructionist/Normative

Sikkink Normative "Naming and shaming" More pragmatic- enforcement is a problem Gives language Similar to liberal Power of persuasion Not as worried about state sovereignty paradox

Human rights law

Since the 1990's, this law has evolved to where there is a greater focus on noncriminal and nonjudicial forms of reconciliation.

Posner

Skeptic of success of HR Treaties: Why have states failed to create stronger law and more robust institutions? Below I consider two possible answers. People don't care much about the human rights of foreigners. Enforcement is too hard." Anti-Beth Simmons -International Incentives to Comply: · Usually treaties enforced by reciprocity, not really case with HR treaties · Risk of threatening cut off of trade and foreign aid will only hurt poor and marginalized more · Even powerful countries don't pressure because care more about stability · NGOs help encourage enforcers, but lack resources and power themselves

Sikkink and Risse

Spiral Model" Strategic Adoption Persuasion and argumentation Institutionalization and habituation

Opinio Juris means:

States believe they should act because they are compelled or permitted under international law.

The traditional international legal criteria for a new state to meet, as noted in the Montevideo Convention (1933), include all of the following conditions EXCEPT:

States must have a permanent capitol

Spiral model

Strategic Adoption Persuasion and argumentation Institutionalization and habituation

The European Court of Human Rights

Strongest of the regional HR bodies, came from the EU. EU forces states to abide by HR laws and standard in order to join eurozone. Very strong enforcement, if the state

Coercion is a blunt instrument as it is often difficult to target the coercion on the persons responsible for non-compliance. T/F?

TRUE

Confirmed that the seizing of embassies and detaining of diplomats as hostages is in violation of states obligations under international law.

The ICJ case, U.S. Diplomatic and Consular Staff in Tehran

Each of these is true of the International Court of Justice EXCEPT:

The International Court of Justice can try individuals alleged of committing egregious crimes against humanity.

An agreement that includes a non-compliance procedure is:

The Montreal Protocol

The Supreme Court case Murphy includes to illustrate customary law in U.S. law is:

The Paquete Habana

ECtHR Case #3: Communist Party v. Turkey (1998)

The Turkish government banned the Communist Party for threatening the national integrity of the country because the party linked the Kurdish workers party, a party that the government claimed promoted secession, and that that therefore was treason. The European Court ruled that this banning was illegal because it violated the right to the freedom of association.

Invoked the doctrine of absolute immunity, which it argued had been present in customary law for centuries prior.

The U.S. Supreme Court, case Schooner Exchange vs. McFadden

What constitutes torture?

The United States has done everything in its power to argue that their enhanced interrogation techniques are not violations of the CAT agreement, using nuances in language, interpretation, and ambiguity to argue their position.

Codified that the receiving state has an affirmative duty to protect each diplomat, and each diplomat is immune from criminal laws as well as most civil and administrative laws.

The Vienna Convention on Diplomatic Relations (2011)

What is the Progressive Realization Clause?

The acknowledgement that some of the rights, such as the right to health, may be difficult to practice or achieve in a short matter of time, and that states may be subject to restraints, but requires these states to act as best as they can within their means to work towards Social, Economic, and Cultural Rights.

International Covenant on Civil and Political Rights (ICCPR)

The agreement completed in 1966 and in force from 1976 that details the basic civil and political rights of individuals and nations.

International Covenant on Economic, Social, and Cultural Rights (ICESCR)

The agreement completed in 1966 and in force from 1976 that specifies the basic economic, social, and cultural rights of individuals and nations.

Extraterritoriality

The attempt by a state to prosecute its citizens for human rights abuses in another country

Nation State

Unit

What is the difference between a duty to notify and a duty to consult?

The former describes the responsibility of states to communicate when their actions (or inaction) may affect other states, and the latter is a related obligation to consider the other state's views on their action or inaction.

John Locke

The idea that people are by nature free and equal and therefore possess certain basic rights that are not contingent on the laws, customs, or beliefs of any particular society or government was first articulated by

Governments against their own citizens

The most frequent and deadliest form of violence in global politics today is by

Human rights

The rights possessed by all individuals by virtue of being human, regardless of their status as citizens of particular states or members of a group or organization.

Are regional approaches to human rights more of a complement to international human rights? Or are they closer to substitutes?

The two approaches are more likely to be complements rather than substitutes as it gives people more outlets to make complaints and helps to overcome limitations of the international human rights system.

Justice Cascade

There has been a shift in the legitimacy of the norm of individual criminal accountability for human rights violations and an increase in criminal prosecution son behalf of that norm (Sikkink 133-134).

What is the key difference between mediation and conciliation?

There is no expectation that a decision should be reached by the third-party in mediation, but there is an expectation in conciliation.

Cultural relavitist perspective on Human Rights

They are not universally applicable and they depend heavily on where in the world they are situated Extreme argument: HR itself are Western liberal democracies deciding what's good and whats right Rights we have now are rooted in "Western" traditions and are a form of power

The main point of Kissinger's "The Pitfalls of Universal Jurisdiction" is:

Though human rights violations should be responded to, neither the ICC nor third-party national courts have the institutionalized procedures necessary to do so effectively.

Democracy (Republican realism), Trade (commercial liberalism), Laws/ institutions (regulatory liberalism)

Three Types of Liberalism

Coercive organization, social contract, national community

Three Types of States

Primary goal of he for she campaign

To motivate men to participate in the struggle for gender equality.

Which of these are means by which the U.S. brings civil cases against alleged torturers?

Torture Victim Protection Act, Alien Tort, Statute, Federal Tort Claims Act

Treaty vs Declaration

Treaty: Formal agreement between states that defines and modifies their mutual duties and obligations. Create legally binding international obligations once treaty is ratified. Declaration: Document stating agreed upon standards but is not legally binding.

A publication by the United Nations' International Law Commission is an example of a subsidiary source of international law. T/F?

True

According to the ILC Articles, an injured state can bring countermeasures if it has told the breaching state to stop its breach and warned the breaching state that it intends to impose countermeasures. T/F

True

Arbitral panels normally are comprised of an odd number of arbitrators who weigh the evidence, deliberate, and issue a binding award. T/F?

True

Customary law focuses on both action and inaction taken by states. T/F?

True

If states allow reservations to be included in a treaty, then the treaty will able tend to be more substantive. T/F?

True

Jus Cogens is a norm so widely accepted by the international community that is can only be replaced by one of equal character. T/F?

True

Some states allow for a state's signature of a treaty to mean a state consents to be bound by a treaty, while others require further ratification. T/F?

True

Supranational is a term used to describe international organizations that have extensive powers to bind their members T/F?

True

T/F In the aftermath of WWII, international law truly flourished.

True

The U.S. has been involved in more cases before the International Court of Justice than any other state.

True

The jurisdiction of the Yugoslav tribunal was set by the United National Security Council. T/F?

True

True

True/False: The human rights violations have not reached the scale of genocide is NOT likely to explain why a state takes action to protect human rights in another state?

True

True/False: The relationship between gender equality and economic development is that gender inequality decreases as a country develops economically.

True

True/False: When provisions of international law are not self-executing, the law's provisions do not become enforceable domestically until enacted in domestic law by the national legislature

Nuremberg Trials

Turning point for HR in respect to sovereignty First time that people were tried for international lawbreaking, sovereignty of germany wasn't overseeing it Tried for Crimes against humanity

ECtHR Case #2: Lustig-Prean and Becket v. U.K (1999)

Two petitioners were successful and promising British naval members who were gay and asked to leave the military. They brought their cases to the British courts and lost. Then brought their cases to the European Court on Human Rights and the court argued it was illegal for the British forces to exclude homosexuals from joining the military. British military responded by changing its policies.

A state may exercise jurisdiction over conduct outside its territory as a means of protecting the global community as a whole.

Universality principle

Executive Order by Obama January 22, 2009

Was a Review and Dispostion of individuals detained at the Guantanamo Bay Naval Base and Close of Detention Facilities Resulted in the Senate Select Committee on Intelligence Report 2014, exposing the "enhanced interrogation techniques" used at Guantanamo Bay

Military Commissions Act of 2006

Was a direct result of the Hamdan v. Rumsfeld case that authorized trial by military commission for violations of the law of war, and for other purposes. Any non-U.S. citizen can be Criticized due to its allowance for the president to indefinitely hold people without charge and take away their protections against horrid abuse, put people on trial based on hearsay evidence, authorize death sentences based on testimonies beaten out of witnesses.

The French Declaration of the Rights of Man and of Citizen's impact on Human Rights

Was a political revolution that builds on natural law and specifically to Rousseau's claim about the "natural, inalienable, and sacred rights of Man. - Includes 17 articles that resonate strongly with articles listed in the Universal Declaration of Human Rights

The American Declaration of Independence's impact on Human Rights

Was a political revolution that builds on the idea of natural law and religion to claim that: "ALL MEN ARE CREATED EQUAL... WITH CERTAIN UNALIENABLE RIGHTS...[INCLUDING] LIFE, LIBERTY, AND PURSUIT OF HAPPINESS."

Inter-American Commission Case #2: Argentina 1980

Went to Argentina in 1980 and investigates and took on the claim that a number of elites in a society had been abused. The report had found the government had waged a war against its elites. Argentina tries to block the commission from releasing the report to the entire assembly, however the commission's president released the report and undermined Argentina's justification. This commissions report was one of the first official cracks against the governments denial of what it was doing.

Inter-American Commission Case #1: Nicaragua 1978

Went to Nicaragua and did an investigation in 1978. This was in the midst of the civil war between the government and the Sandinistas. Commission follows leads that the government had abused citizens in an effort to stop insurgency. Put together a report that unveiled "the government of Nicaragua" violates the right to life. President of Nicaragua resigned and cited the Commission report as one of the forces to why he resigned.

Zero- Sum

Whatever is lost by one is gained by another; realism concept of relative gains

Democide

When a government kills its own citizens

After WWII

When did the push for the international protection of human rights gain the most traction?

The Universal Declaration of Human Rights

Which document, adopted by the United Nations in 1948, defined a "common standard of achievement for all people" and is widely viewed as the foundation of modern human rights law?

European Convention on Human Rights

Which of the following agreements permits individual petition to an international court?

Emma Watson

Who delivered the speech launching the He For She campaign?

They are costly

Why are countries reluctant to impose economic sanctions?

Your state may terminate a treaty in each of these cases except:

Your state commits a material breach

international legal positive presupposes that:

a state must affirmatively consent to a legal norm to be bound to it

The Declaration on the Guidelines on the Recognition of New States In Eastern Europe and the Soviet Union (1991) includes each of the following additional conditions that a new state must meet to be recognized as such EXCEPT:

accept relevant trade agreements

Socialization:

actors adapt their behavior norms put pressure on states to voice a HR stance spiral model HR norms brought up States change for reputation reasons Begins to internalize norms Normative approach to HR Have these values circulating Then state actors internalize them

Detainee Treatment Act of 2005

applied to Defense Dept (not CIA) but worked both domestically and internationally, Prohibits torture but also shields from prosecution

the horizontal structure of international law is

decentralized as it focuses on fully sovereign states

In all of the African & Asian states, most people asked agreed with the statements that their nation should consistently follow international laws and that it is wrong to violate international laws. T/F?

false

National economic sanction programs are implemented through multilateral sanction programs. T/F?

false

The criteria for determining the general principles of international law are articulated in the Vienna Convention. T/F?

false

International natural law presupposes that

international law consists in part of fundamental principles of right and wrong

In what way(s) is international different from national law?

international law is largely decentralized

international law is principally concerned with

legal norms that operate among nations (or "state")

A state may exercise jurisdiction over its nationals and over their conduct even when they are physical outside of the state's territory.

nationality principle

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

nly treaty where they've found empirical evidence that it has worked Why: Process of ratification and bringing domestic laws in line with CEDAW Englehart and Miller- even though enforcement is weak May even be combating a global decline in Woman's Rights Not uniform- better for political rights than social No effect on econ rights

Sic utere tuo ut alienum non laedas means

one must use his own so not to injure another

A state may, in limited circumstances, attempt to exercise jurisdiction over acts committed abroad when they injure a national of the state:

passive personality principle

Each of these is a reason why states comply with international law EXCEPT:

the UN Security Council can hold a tribunal to hold a state responsible for non-compliance

The Constitution states that the power to recognize foreign governments belongs to:

the president

Paradox Posner

the twighlight of human rights law: realistic view of HR: argues international HR laws dont work because it lacks legally binding and sanctions. Many states ratify but still violate. Treaties have vague wording, are ambiguous, and their are conflictions between rights and values.

the new stream approach to international law presupposes that:

there are hidden ideologies, attitudes, and structure within international law that create contradictions and antimonies

What do Kosovo, Palestine, and Taiwan have in common?

these are considered to be quasi-states

What do Kosovo, Serbia, and Croatia have in common?

these states were formed when an existing state fragmented into separate states.

The original purpose of the European Union was:

to create a single economic market for the free flow of goods, services, and capital.

Decisions passed by international organizations that bind member-states are considered to be sources of international law. T/F?

true

The U.N. Security Council authorized the U.S.' air and ground campaign to expel Iraq from Kuwait. T/F?

true

The establishing charter of the International Civil Aviation Organization (ICAO), the Chicago Convention, recognizes that a state's exclusive sovereignty extends to the airspace above its territory. T/F?

true

Compliance pull is:

when the legitimacy of an international agreement encourages state compliance.

The criteria states may use to recognize a new government that came to power through unconstitutional processes includes all of the following EXCEPT:

whether the nature of the transition from an old government to a new one was a peaceful one

Liberalism Key Points

• Democracies peaceful in relations with one another but not in relations with non-democracies • Free markets create wealth and free trade creates interdependence which creates peace • Absolute gains can create win-win situations. World is not zero-sum. • Role of Institutions: can foster absolute gains and can mitigate effects of anarchy

Transnational (non-state based) Collective Identities

• Functional: Int. human rights or environmental community • Civilizational (Huntington): 'Islamic'; 'Confucian;' 'Western' civilizations * Will we see Brazil, Russia, India, China and South Africa (BRICS) collectively identify as rising powers?

International (interstate-based) collective identities

• Regional identity: African Union and African identity • BRIC as identity?