Virtual Library

The essay examines some of the changes in the author’s thinking about the politics of engaging in international law since the original publication of the article that opened the first issue of EJIL in 1990. The essay points to the change of focus from indeterminacy (to which the author is as committed as ever) of legal arguments to the structural biases of international institutions. It then discusses the politics of definition, that is to say, the strategic practice of defining international situations and problems in new expert languages so as to gain control over them. It attacks the increasing ‘managerialism’ in the field and ends with a few reflections about the significance of the moment of the establishment of the Journal 20 years ago.

Sociologists have long examined how states, intergovernmental organizations (IGOs), international nongovernmental organizations (INGOs), and professional groups interact in order to institutionalize their preferred norms at the transnational level. Yet, explanations of global norm-making that emphasize inter-organizational negotiations do not adequately explain the intra-organizational script-writing—that is, the codification of norms in prescriptive behavioral templates—that underpins this process. This article opens the black box of how scripts emerge and institutionalize within IGOs. Script-writing is a function of both world-cultural frames and material interests, held by different intra-organizational actors: scientific IGO staff and state representatives in governing bodies, respectively. The interplay between these frames and interests determines whether scripts will institutionalize. In this theoretical model, world-cultural and power-political explanations are pertinent to different, mutually informing, and coexisting aspects of the script-writing process. As a corollary of our approach, we present a conceptual framework for the study of intra-IGO script-writing, which is contingent on three normative struggles: among IGO staff, within an IGO’s board of directors, and between the staff and the board. To empirically substantiate our arguments, we examine scripts on taxation and capital controls by the International Monetary Fund. We conclude by discussing the broader implications of our model for the study of international organizations and the engines of global norm-making.

This article examines the disjuncture between the theory of international refugee protection, human rights and citizenship rights and their practice. Drawing on data from a sub-sample of 500 Zimbabwean migrants taken from a larger survey of 1000 Zimbabweans in South Africa and the UK, it explores the labour market and transnational lives of undocumented migrants and compares them with migrants with other immigration statuses. The article demonstrates that while the protection and rights frameworks exist, in reality undocumented migrants cannot access protection and/or rights.

In the latter half of the 20th century, countries abolished the death penalty en masse. What factors help to explain this global trend? Conventional analyses explain abolition by focusing primarily on state level political processes. This article contributes to these studies by analyzing world cultural factors that lend to the abolition trend. The main finding in three separate models on full, ordinary, and de facto cumulative measures of abolition show that the global sacralization of the individual, measured as the institutionalization of the human rights regime, represents a significant driver of states’ abolition. Countries’ predominant religion is also found to significantly affect the probability of abolition: predominantly Catholic nation-states are most likely to abolish the death penalty, and predominantly Muslim nation-states are least likely to abolish. These findings provide evidence for world cultural factors that structure the abolition trend globally.

The UNESCO Associated Schools Project emphasizes world community, human rights, and international understanding. This article investigates the emergence and global diffusion of the project from 1953 to 2001, estimating the influence of national, regional, and world characteristics on the likelihood of a country adopting a UNESCO school. It also addresses the effects of national linkages to the international human rights regime. The results reveal that adoption rates are positively influenced by stronger national links to the human rights regime throughout the period and that various measures of the density of global society influence adoption, particularly after the institutionalization of human rights. Finally, the results demonstrate that democratic countries and nations with more expanded educational systems tend to adopt a UNESCO school before the period of human rights institutionalization. The implications of these findings are discussed in relation to the literature on the global environment and the diffusion of innovations in education.

Europe faces the challenge of enormous recent asylum seeker inflows, and the allocation of these immigrants across European countries remains severely skewed, with some countries having a much larger per capita share of asylum applicants than others. Consequently, there is a debate at the EU level on how to allocate asylum seekers in order to tackle this imbalance. The present study focuses on preferences of European citizens towards the supranational policy issue of achieving a more equalized distribution of asylum seekers. Several theoretical arguments point towards asylum seeker intake, general immigrants’ legal status, prior immigration stocks, and economic circumstances as explanatory mechanisms at the macro level. We test these propositions using Eurobarometer data from 2015. The results show that a high level of asylum seeker intake and larger immigrant stocks in 2010 are associated with a greater willingness to redistribute asylum seekers. Apart from this, integration policies also play a role: the more inclusive a country’s political stance towards Third-Country Nationals, the higher the public support for a better allocation of asylum seekers. These results also emerge when excluding the top five asylum seeking destinations. At the individual level, views of the EU as a competent political actor and general immigration attitudes are substantially related to the support for redistribution efforts. These individual-level patterns occur both in countries with many and in countries with few asylum seekers, indicating that respondents largely take a broad European view on this topic, rather than a national one.

While globalization is largely theorized in terms of trans‐border flows, this article suggests an exploratory sociological framework for analyzing globalization as consisting of systemic processes of closure and containment. The suggested framework points at the emergence of a global mobility regime that actively seeks to contain social movement both within and across borders. The mobility regime is theorized as premised upon a pervasive “paradigm of suspicion” that conflates the perceived threats of crime, immigration, and terrorism, thus constituting a conceptual blueprint for the organization of global risk‐management strategies. The article draws on multiple examples, singling out some elementary forms of the mobility regime, emphasizing the sociological affinity between guarded borders on the one hand and gated communities on the other. In particular, the article aims at theorizing the translation of the paradigm of suspicion into actual technologies of social screening designed to police the mobility of those social elements that are deemed to belong to suspect social categories. Specifically, the article points at biosocial profiling as an increasingly dominant technology of intervention. Biosocial profiling, in turn, is theorized in juxtaposition to other modalities of power, namely, legal and disciplinary measures.

Between 1945 and 2005, nation-states around the world revised their criminal laws on sexual activities. This global reform wave—across countries and domains of sexual activity—followed from the reconstitution of world models of society around individuals rather than corporate bodies. During the post-World War II period, this process rearranged the global cultural and organizational underpinnings of sex, eroding world-level support for criminal laws aimed at protecting collective entities—especially the family and the nation—and strengthening world support for laws aimed at protecting individualized persons. To make our case, we use unique cross-national and longitudinal data on the criminal regulation of rape, adultery, sodomy, and child sexual abuse. The data reveal striking counter-directional trends in sex-law reforms, which simultaneously elaborated regulations protecting individuals and dissolved laws protecting collective entities. World-level negative-binomial regression analyses and country-level event-history analyses confirm our main propositions. The findings demonstrate a sweeping revolution in criminal-sex laws, rooted in the intensified global celebration of free-standing personhood.