Lesson 2 Flashcards

Concepts

1
Q

International Covenant on Civil and Political Rights (ICCPR)

A
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2
Q

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

A
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3
Q

Constructivist Norm Theory

A

How norms evolves and ideas and norms shape state behavior and international relations, emphasizing that norms are socially constructed through interactions between actors.

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4
Q

Three-Dimensional Model of Norms

A
  1. Individual norms
  2. Norm Connections and Contestation
  3. Meta-Governance Norms

Lantis and Wunderlich

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5
Q

Individual norms

A

Basic building blocks of constructivist theory and represent shared expectations about appropriate behavior.

Norms are contested.

Contest is reflected in the way actors enact, interpret, and contest the core meaning of a norm in specific situations.

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6
Q

Norm Clusters

A

Similarly aligned and conceptually interlinked norms addressing a common issue area.

Example R2P pillars. 1) protect own population 2) recieve support from international community 3) Intervene without acceptance.

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7
Q

Meta-governance norm

A

Human rights norms as a topic

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8
Q

Syria example Constructivist Norm Theory

A

**Individual Norms: **R2P three pillars
Cluster Norm: R2P
**Meta Norm: **Human rights

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9
Q

Norm Contestation

A

This occurs when actors challenge the validity or meaning of a norm.

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10
Q

Norm Collisions

A

These happen when two or more norms have conflicting expectations about appropriate behavior. They can lead to debates and disagreements about which norm should take precedence.

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11
Q

Norm resilience

A

While norm strength focuses on a linear scale of influence, norm resiliency considers the ability of a norm to withstand challenges and contestation.

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12
Q

Critical Security Studies

A

A field of study that challenges traditional understandings of security, expanding the concept beyond state-centric military concerns to include a wider range of issues and actors, like environmental threats, economic inequality, and social injustices.

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13
Q

Traditional Security Studies

A

An approach to security that primarily focuses on the military security of states, often emphasizing the role of power politics and interstate conflict. It is frequently contrasted with critical security studies.

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14
Q

Securitization

A

The process by which an issue or phenomenon is framed as an existential threat, requiring extraordinary measures to address it. This often involves elevating the issue to a matter of national security, justifying the use of exceptional policies or actions.

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15
Q

Feminist Security Studies

A

Key Principles: Examines how gender roles, norms, and power dynamics shape security issues and experiences.

Assumptions: Security is not gender-neutral; traditional security concepts often reflect and reinforce patriarchal structures.

Critiques of Traditional Security: Challenges the state-centric focus, arguing that personal and societal security are equally important.

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16
Q

Postcolonial Security Studies

A

Key Principles: Analyzes the impact of colonialism on security, highlighting the role of race, ethnicity, and cultural difference.

Assumptions: Security cannot be understood without considering the historical and ongoing effects of colonial power structures.

Critiques of Traditional Security: Challenges the Eurocentric bias in security studies, advocating for a more inclusive and globally representative understanding of security.

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17
Q

Michael Williams

A

A scholar associated with critical security studies, his work is recognized as a significant contribution to the development of the field.

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18
Q

Poststructuralist Security Studies

A

**Key Principles: **Focuses on the role of language, discourse, and representation in shaping security perceptions and practices.

Assumptions: Security is a socially constructed concept, shaped by power relations and dominant narratives.

Critiques of Traditional Security: Challenges the idea of objective security threats, arguing that security is always subjective and contested

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19
Q

Realism/Neorealism

A
  • Dominant theory in international relations.
  • Focuses on international security and political economy.
  • Views human rights as a part of domestic politics, which is fundamentally different from international politics.
  • Sees the international system as anarchic - no higher authority above states.
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20
Q

Institutionalism

A

A school of thought in international relations that acknowledges the anarchic nature of the international system but argues that cooperation between states is still possible.

Focuses on how international institutions can help states overcome collective action problems and achieve common goals.

Tends to neglect human rights issues due to the perception that they are primarily domestic matters and do not involve significant cross-border externalities.

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21
Q

Constructivism

A
  • Emphasizes the role of ideas, norms, and identities in shaping international politics.
  • Views human rights as a prime example of how norms can influence state behavior, even when it may conflict with their material interests.
  • Focuses on the process of norm socialization, how states internalize international norms and change their behavior accordingly
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22
Q

Liberalism

A
  • Focuses on the role of domestic politics and state-society relations in shaping international politics.
  • Views democratic institutions and the protection of human rights as key factors in promoting peace and cooperation between states.
  • Explores how domestic political factors influence states’ decisions to join and comply with international human rights regimes.
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23
Q

Logic of Consequentialism

A

A way of thinking where actions are chosen based on the expected outcomes or consequences. Actors make decisions by evaluating which action will lead to the best results, often in terms of maximizing their own interests or achieving specific goals.

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24
Q

Logic of Appropriateness

A

A way of thinking where actions are chosen based on what is considered right or appropriate in a given situation. Actors make decisions based on social norms, rules, and identities, striving to act in a way that aligns with their perceived obligations and roles within a particular social context.

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25
Q

Norm Life Cycle

A

A three-stage model used in constructivist theory to describe how international norms emerge, spread, and become internalized by states:

Norm Emergence: Driven by “norm entrepreneurs” who advocate for new norms and try to persuade others to adopt them.

Norm Cascade: When a critical mass of states accepts a norm, leading to a rapid increase in its adoption by others.

Norm Internalization: When norms become widely accepted and taken for granted, shaping states’ behavior without significant opposition or debate.

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26
Q

Sovereignty Costs

A

The perceived burdens or limitations that states may face when they join international institutions or regimes. These costs can include constraints on their domestic policy autonomy, financial contributions, and potential legal challenges to their actions.

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27
Q

Reactive Contestation

A

To avoid compliance. Not implement norm.

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28
Q

Proactive contestation

A

To influence or reshape norms

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29
Q

Contested compliance

A

When actors comply with norms while simultaneously challenging or expressing disagreement with them

30
Q

Arbitration, contestation

A
  1. Formal and rule-bound.
  2. Decisions are binding and enforceable.
  3. Involves judges, arbitrators, or other neutral parties.

Example:
The International Court of Justice (ICJ) resolving territorial disputes between states.

31
Q

Modes of contestation

A
  1. Arbitration
  2. Deliberation
  3. Contention
  4. Justification
32
Q

Deliberation, contestation

A

Dominant Setting: International organizations and regimes.

Features:
Inclusive and participatory.
Often non-binding but influential.
Involves diplomatic discourse, working groups, or committees.

Example
Discussions in the United Nations General Assembly on global challenges like climate change or peacekeeping.

33
Q

Contention, contestation

A

Dominant Setting: Societal protests or grassroots movements.

Definition: Contestation through acts of resistance, public demonstrations, or campaigns to challenge norms or policies. This mode highlights the role of societal actors in pressing for change.

Example:
Mass protests against international trade agreements perceived as unjust.

34
Q

Justification

A

Rational and evidence-based.
Often focuses on reshaping narratives or interpretations.
Involves academics, researchers, or think tanks.

35
Q

Contestedness

A

A meta-organizing principle of global governance, reflecting the expectation that norms are subject to ongoing debate and renegotiation

36
Q

Legitimacy Gap

A

A perceived disconnect between fundamental norms and the standardized procedures used to implement them, particularly at the meso level of global governance

37
Q

Meso level of Global governance

A

The intermediary level between macro (fundamental norms) and micro (standards and regulations), where organizing principles emerge through stakeholder interaction to bridge the legitimacy gap.

38
Q

Types of norms

A

Type 1: Fundamental Norms (principles, values)
●Universal quality and wide moral/ethical reach.
● Examples: human rights, rule of law, democracy, sovereignty.
● High degree of contestation due to a lack of specification and the need for flanking measures to implement them.

Type 2: Organizing Principles
● Emerge from policy and political practice at the meso level.
● Medium moral reach and contestation.
● Link fundamental norms with standards and regulations.

Type 3: Standards and Regulations
● Specific directives for implementation at the micro level.
●Low moral reach and contestation.
● Examples: emission standards, fishing quotas, electoral rules

39
Q

The Importance of Contestedness

A

The sources emphasize that contestedness is inherent to inter-national relations because:

Diversity: Actors bring different backgrounds and normative understandings to the global stage, making clashes over norms likely.

Legitimacy: Regular contestation of norms is necessary to ensure their legitimacy and responsiveness to diverse stakeholder interests

40
Q

Norm validation

A

Formal (documents, traties)
Social recognition
Culutral validation

41
Q

Sources of law

A

ICJ art. 38
Conventions
Costumary law
Principles
Judicial decisions, acknowledges experts (highly qialified)

42
Q

International Bill of rights

A

UDHR
ICCPR
ICESR

First frameworks for human rights.

43
Q

Universal Declaration of Human Rights

A

Declaration
Not binding,
Adopted by GA
1948’

Today’s conception of human rights is rooted in this.

Some of its rights has crystilized to costumary law. Inspiration for other core human rights treaties.

Genocide convention inspired (ethnic, religious m.m.)

44
Q

International Covenant on Civil and Political Rights

A

1966
Legally binding

45
Q

International Covenant on Economic, Social and Cultural Rights

A

1966

46
Q

Additional protocols

A

Protocals that later added to exisiting treaties, a way of contributes to updated treaties.

States must ratify the optional protocol before applicable.

Examples: ICCPR optional protocol 2. States can decide whether or not they want to ratify. New states are though subject to ICCPR-P2.

47
Q

Generel comments and recommendations

A

These comments and recommendations are issued to elaborate on states’ obligations under a particular treaty.

States are bound by the treaty, but the comments and recommendations provide interpretations of the treaty obligations.

48
Q

Customary law

A

Opinio juris + state practice.
Objection

49
Q

Jus cogens

A

Values that are peremptory, no treaty can violate them.

How to finde them:
Juridicial decisions,

50
Q

Referent

A

What it is that needs securing, needs to be secure.

51
Q

Referent object

A

Whose security. Securitization.

52
Q

Security

A

“Minimum absence and freedom of threats. “
No conception of security is uniqely fitting
Social and political practice

53
Q

Strategy versus Security

A

Concerned with how actors apply force during peace and conflict
Integration of politcs and war.

54
Q

Strategic studies

A

Interation of political ends and military means under constraints

55
Q

Security studies

A

Potentially everything that could be relevant to the safety of a given thing.

56
Q

Static security

A

Static security relies on fixed measures to maintain control and prevent breaches.
Focuses
1. physical infrastructure,
2. procedural rules, and
3. passive controls to deter or prevent threats.

57
Q

Dynamic Security

A
58
Q

Critical Security Studies

A

Security is what we make it - Booth 1997.

59
Q

Emancipation

A

Freeing people from physical and human constraints.

Critique: Vauge defined. Parochalism.

60
Q

Human rights law

A

Supposed to be universal.
Basic standards for all human being at all times.

We don’t think it in daily life, but think about it in crisis. (DK).

61
Q

Where to find sources of international HR law

A

ICJ art. 38(1)

1920 hasn’t changed

Traties bi, multi.

When ratifying you surrender a little of state soverignity.

62
Q

9 core international human rights instruments

A

Each witha comittee of experts to monitor implemention of treaty provision by its states)

ICCPR

63
Q

Tripartite typology of obligation

A

Obligations:
1. Respect the rights
2. Protect (prevent, investigate and punish)
3. Fulfill (obligate to tage appropiate legislative, hudicial and other emasures to fulfill HR)

64
Q

Preempery norm

A

A norm cannot be challenged.

65
Q

HR Treaty bodies

A

State party preiodically report progress to the commitee.

HR treaty bodies Monitors of the HR treaties

Independent experts are part of the comittee.

Other multilateral HR treaties includes HR obligations but has no monitoring mechanisms.

No traty bodies:
Genocide Convention

66
Q

Review process of the treaty bodies

A
  1. State submit report every 4-5 year
  2. States know well in advance when they will be reviewed and when public review will take place

If state doesn’t follow the review process, the traty body has no legal jurisdiction upon the state. Impacts merely if even reputition.

67
Q

Government’s role in the review process

A

Timely and informative reports
Officials from the ministries of the state are usually invokved
UN HR Office provides guidance and there are substantive guidelines on how to prepare a report.

68
Q

General recommendations from the committees

A
69
Q

Individual complaints

A

States who have
1) ratified the treaty and
2) Agreed to be bound by complaints process (optional protocol) can recieve individual complaints

70
Q

Norm

A

Collective expectation for propor behavior of actors with a given identity.