2) Concepts

Question 1

What are the three dimensions of norms research as discussed by Lantis and Wunderlich?
(Hint: Refer to constructivist norm theory and the dimensions of creation, contestation, and implementation.)

Answer 1

Answer:
Lantis and Wunderlich propose a three-dimensional framework for norms research, focusing on:

Creation: How norms emerge and gain acceptance.
Contestation: How norms are debated and reinterpreted.
Implementation: How norms are applied and institutionalized in practice.

Connection:
This framework bridges norm development and application, emphasizing the dynamic nature of norms in international security and human rights.

Question 2

How does the introduction to Critical Security Studies challenge traditional approaches to security?
(Hint: Consider the concepts of broadening and deepening security.)

Answer 2

Answer:
Critical Security Studies broadens security to include non-military threats like environmental, economic, and societal risks, and deepens it by focusing on individuals and communities rather than states. Peoples and Vaughan-Williams emphasize the importance of addressing structural inequalities and power dynamics in security studies.

Connection:
This approach aligns with human rights by prioritizing human security and challenging state-centric perspectives.

Question 3

How does Antje Wiener’s theory of contestation redefine norms in international relations?
(Hint: Consider the concepts of normative validity and contestation practices.)

Answer 3

Answer:
Wiener argues that norms are not static but continuously reshaped through contestation, emphasizing the role of stakeholders in determining their validity. Contestation practices allow norms to adapt to diverse social and cultural contexts.

Connection:
Wiener’s theory highlights the fluidity of norms, bridging constructivist perspectives with practical applications in international law and security.

Question 4

How do international relations theories explain the relationship between human rights and security?
(Hint: Refer to Wagner’s analysis of realism, liberalism, and constructivism.)

Answer 4

Answer:
Wagner identifies three key approaches:

Realism: Prioritizes state sovereignty and power, often sidelining human rights.
Liberalism: Advocates for the integration of human rights into global governance.
Constructivism: Focuses on the role of norms and values in shaping state behavior.

Connection:
These theories provide a comprehensive lens to analyze the interplay between human rights and international security.

Question 5

What role do sources of international law play in the development of human rights norms, as discussed by Christine Chinkin?
(Hint: Refer to Article 38(1) of the ICJ Statute and customary law.)

Answer 5

Answer:
Chinkin emphasizes that the sources of international law, including treaties, customary international law, and general principles, are critical in developing and codifying human rights norms. She highlights the evolving nature of customary law, shaped by state practice and opinio juris.

Text of Article 38(1) of the ICJ Statute:
“The Court shall apply international conventions, international custom, and the general principles of law recognized by civilized nations.”

Connection:
Chinkin’s analysis underscores the importance of legal sources in establishing universally recognized human rights obligations.

Question 6

What is the scope of application of international human rights law, according to Joseph and Sander?
(Hint: Focus on territorial and extraterritorial application.)

Answer 6

Answer:
Joseph and Sander argue that international human rights law applies both territorially and extraterritorially, depending on the state’s effective control over individuals or territories. They highlight debates on the limits of extraterritorial jurisdiction, particularly in conflict zones.

Connection:
This analysis addresses the tension between state sovereignty and global human rights obligations, emphasizing accountability in cross-border contexts.

Question 7

What are the key obligations associated with human rights, as discussed by Katharine G. Young?
(Hint: Refer to the obligations to respect, protect, and fulfill.)

Answer 7

Answer:
Young identifies three core obligations of states:

Respect: Avoid interfering with human rights.
Protect: Prevent third-party violations.
Fulfill: Take positive measures to ensure rights are realized.

Connection:
These obligations frame state responsibilities under international human rights law, emphasizing comprehensive protection and implementation.

Question 8

What is the “special character” of international human rights law, as explained by Frederic Megret?
(Hint: Focus on the universality and indivisibility of human rights.)

Answer 8

Answer:
Megret highlights the universality, indivisibility, and interdependence of human rights as their defining characteristics. He also emphasizes the transformative potential of human rights law in addressing systemic inequalities.

Connection:
Megret’s analysis underscores the unique normative and moral authority of human rights within the broader framework of international law.