Lesson 2

Question 1

ICCPR

Answer 1

International Covenant on Civil and Political Rights

Question 2

ICESCR

Answer 2

International Covenant on Economic, Social and Cultural Rights

Question 3

Constructivist Norm Theory

Answer 3

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

Question 4

Individual norms

Lantis and Wunderlich

Answer 4

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

**Definition: **Specific rules prescribing behavior, shaping identities, and expectations.

Examples:
Soverignity

Question 5

Three-Dimensional Model of Norms

Lantis and Wunderlich

Answer 5

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

Lantis and Wunderlich

Question 6

Norm Clusters

Answer 6

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

Example Soveringity art. 2(1) and 2(7).

Question 7

Meta-governance norm

Answer 7

Which are overarching principles that shape the international order

Examples:
Sovereignty:

Sovereignty is a meta-norm that establishes the basis for statehood and the principle of non-intervention.

Question 8

Norm Contestation

Answer 8

The debate over the meaning, application and interpretation or legitimacy of norms.

U.S. challenging international norms against torture by justifying practices at Guantanamo Bay as “enhance interrogation.”

Question 9

Norm Collisions

Lantis and Wunderlich

Answer 9

These happen when two or more norms have conflicting expectations about appropriate behavior.

Case: Guantanamo bay

Norm: National Security vs. human rights norms ICCPR, right to fair trial.

“Unlawful combatants” vs. PoW.

War on terror.

Question 10

Norm resilience

Answer 10

The practices at Guantánamo Bay challenged several well-established international norms:

Prohibition of Torture: Enshrined in the Convention Against Torture (CAT) and Common Article 3 of the Geneva Conventions.

Right to Fair Trial and Due Process: Guaranteed under the International Covenant on Civil and Political Rights (ICCPR).

Question 11

Critical Security Studies

Answer 11

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.

Question 12

Traditional Security Studies

Nick Vaughan-Williams

Answer 12

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.

Guantanamobay, state-centric.

Question 13

Securitization

Answer 13

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.

Question 14

Feminist Security Studies

Nick Vaughan-Williams

Answer 14

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.

Question 15

Realism/Neorealism

Answer 15

• Focuses on international security and political economy.
• Views human rights as a part of domestic politics.
• Sees the international system as anarchic - no higher authority above states.

Question 16

Institutionalism

Answer 16

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.

Question 17

Constructivism

Answer 17

• 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

Question 18

Liberalism

Answer 18

• 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.

Question 19

Logic of Consequentialism

Answer 19

Focuses on outcomes, justifying actions if they achieve the greatest good or prevent harm.

Guantanamo, bypassing legal norms was seen as essential for national security.

Question 20

Norm Life Cycle

Answer 20

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.

Constructuvist teory, by Finnemore and Sikkink
Sage Handbook Human Rights

Martha Finnemore and Kathryn Sikkink

Question 21

Reactive Contestation

Answer 21

To avoid compliance. Not implement norm.

The U.S. used reactive contestation at Guantánamo Bay by reinterpreting norms like the prohibition. Torture memos from 2002, redefining the constituted torture.

Question 22

Contested compliance

Answer 22

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

Question 23

Modes of contestation

Answer 23

1. Arbitration
2. Contention
3. Deliberation
4. Justification

Question 24

Deliberation, contestation

Answer 24

Dominant Setting: International organizations and regimes having the discussions.

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.

Question 25

Contention, contestation

Answer 25

**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.

Question 26

Justification

Answer 26

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

Question 27

Contestedness

Answer 27

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

Question 28

Meso level of Global governance

Answer 28

The intermediary level between macro (fundamental norms) and micro (standards and regulations), where organizing principles emerge through stakeholder interaction to bridge the legitimacy gap. Macro-Level Norms: Fundamental Principles Broad norms like the prohibition of torture

Question 29

A theory of contestation, Antje Wiener Types of norms

Answer 29

Type 1: **Fundamental Norms** (principles, values) ●Universal quality and wide moral/ethical reach. ● Examples: human rights, rule of law, democracy, sovereignty. UN Charter. Type 2: **Organizing Principles** ● Emerge from policy and political practice at the meso level. ● Medium moral reach and contestation. Collective defense is the central organizing principle of NATO, encapsulated in its famous Article 5. Type 3: **Standards and Regulations** ● Specific directives for implementation at the micro level. ● Low moral reach and contestation. ● Examples: Emmission standards.

Question 30

The Importance of Contestedness Antje Wiener

Answer 30

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 The U.S.’s contestation demonstrates how powerful states can challenge norms based on their strategic interests, prompting debates about norm consistency and applicability.

Question 31

Additional protocols

Answer 31

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.

Question 32

Strategic studies

Answer 32

Strategic Studies is predominantly concerned with how actors apply force during peace and conflict

Question 33

Critical Security studies, Nick Vaughan-Williams Security studies

Answer 33

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

Question 34

Static security ## Footnote Nick Vaughan-Williams

Answer 34

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. | Nick Vaughan-Williams

Question 35

Critical Security Studies ## Footnote Nick Vaughan-Williams

Answer 35

Security is what we make it - Booth 1997.

Question 36

Emancipation

Answer 36

Freeing people from physical and human constraints. Critique: Vauge defined. Parochalism.

Question 37

HR Treaty bodies

Answer 37

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 treaty bodies: Genocide Convention

Question 38

Review process of the treaty bodies

Answer 38

1. State submit report every 4 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.

Question 39

Government's role in the review process

Answer 39

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.

Question 40

Individual complaints

Answer 40

States who have 1) ratified the treaty and 2) Agreed to be bound by complaints process (optional protocol) can recieve individual complaints. The HRC is mentioned as a body that receives individual complaints under the International Covenant on Civil and Political Rights (ICCPR). The HRC reviews these complaints and issues non-binding views on whether a state has violated the ICCPR. Art. 41 of the ICCPR.

Question 41

Principle of universality

Answer 41

Universality means that human beings are endowed with equal human rights simply by virtue of being human, wherever they live and whoever they are, regardless of their status or any particular characteristics.

Question 42

Tripartite typology of obligations

Answer 42

State duties: Respect himan rights Protect human rights Fulfill the right measures to fulfullment of HR. (education).

Question 43

Contested and connected norms (Norm clusters)

Answer 43

Norms that says the same or are challenging the norms.

Question 44

Right to fair trial principles

Answer 44

ICCPR art. 14

Question 45

Prohobition of torture principles

Answer 45

UDHR art. 5 CAT art 1. defintion CAT art. 2 Prevention ICCPR art. 7

Question 46

ICCPR 4(2)

Answer 46

No derogation from articles 6, 7, 8 , 11, 15, 16 and 18