Virtual Library

Citizenship rights are the result of specific political bargains between different collective actors and state authorities (Tilly Theory and Society 26(34):599–602, 1997). The political bargains for rights are encoded in institutions, and these institutions develop independently from each other and take organizational characteristics that make certain rights easier to adopt than others. I argue that these institutions vary along two dimensions that affect the extent to which states can adopt rights successfully: one dimension is distributional and the second is the depth or extension of the rules that frame a given right. This article focuses on the institutional differences between property rights, especially land property, and political rights, and on the consequences of those differences on their adoption. I then illustrate my argument with examples from Colombia since 1980.

There are few attempts to link human rights discourses and child poverty debates, though the field is expanding. Within sociology, both the study of rights and of childhood are marginal. This article utilises a sociological approach to bridge rights and poverty debates in relation to children and explore why there are barriers to implementing children’s rights in specific instances. Drawing on Young Lives research, a longitudinal study of children growing up in poverty, the article explores how discourses of children’s rights play out in local contexts and how a narrowly legal perspective fails to engage with children’s experiences of poverty. The article concludes by proposing that a broader, sociological approach to rights as not only rules, but also as structures, relationships and processes (Galant and Parlevliet, 2005) can better engage with the causes and consequences of poverty, while also developing locally relevant responses.

Intelligence Work establishes a new genealogy of American social documentary, proposing a fresh critical approach to the aesthetic and political issues of nonfiction cinema and media. Jonathan Kahana argues that the use of documentary film by intellectuals, activists, government agencies, and community groups constitutes a national-public form of culture, one that challenges traditional oppositions between official and vernacular speech, between high art and popular culture, and between academic knowledge and common sense. Placing iconic images and the work of celebrated filmmakers next to overlooked and rediscovered productions, Kahana demonstrates how documentary collects and delivers the evidence of the American experience to the public sphere, where it lends force to political movements and gives substance to the social imaginary.

An International Bill of the Rights of Man, first published in 1945, is one of the seminal works on international human rights law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international human rights law today. It includes Professor Lauterpacht's study of natural law and natural right, and Professor Lauterpacht's own draft Bill of Human Rights.

The international diffusion of similar laws and policies across nations is now a well-covered theme in sociology, but no one has yet asked what these similar laws and policies mean. We take the case of anti-female-genital-cutting policies in Egypt, Tanzania, and the U.S. and turn our attention to how local political situations interacted with international discourse. Functional relevance and international standing combined to affect levels of contestation. This, in turn, influenced how states chose to implement anti-FGC policies and the extent to which they distanced themselves from international actors. Exploring these issues uncovered power differences in acquiescence to international norms, going to the heart of multi-level power relations in the international system.

This study explores, with quantitative data analyses, why nation-states with very negative human rights records tend to sign and ratify human rights treaties at rates similar to those of states with positive records. The study's core arguments are (1) that the deepening international human rights regime creates opportunities for rights-violating governments to display low-cost legitimating commitments to world norms, leading them to ratify human rights treaties without the capacity or willingness to comply with the provisions; and (2) that among repressive regimes, autonomous ones that are less constrained by domestic forces are more likely to ratify human rights treaties as symbolic commitment, because these sovereigns are free to entertain high levels of decoupling between policy and practice, while constrained governments are more reluctant to incite domestic (and foreign) oppositions and interest groups. The combined outcome is that repressive states ratify human rights treaties at least as frequently as non-repressive ones — particularly those repressive states that have greater autonomy. Our cross-national time-series analyses provide supportive evidence for these arguments.

Are recent trends in international law supporting child rights and promoting neoliberal economic reforms complementary or contradictory? To answer this question, we identify the component parts of child rights mobilization, recent global economic reforms, and child rights outcomes to theorize the particular relationships among them. Focusing on child survival and development rights in 99 poor and middle-income countries from 1983 to 2001, we find that countries' acquiescence to established international law concerning economic rights influences the successful implementation of most of these rights, while the ratification of child rights treaties does not show an effect during the period studied. National links to child rights nongovernmental organizations are also associated with improved child rights outcomes, as is being selected to receive a loan from the World Bank (for reducing child labor and increasing immunizations). We find weak support for the hypothesis that the implementation of loan conditionalities is more deleterious for rights that are costlier to implement. We also find that achieving the goal of neoliberal economic reforms—trade openness—results in less successful implementation of most child rights outcomes considered. Finally, in a related analysis, we find that the ratification of child rights treaties, as well as the adoption and implementation of structural adjustment agreements, enhances the presence of child-related organizations within countries.

In recent years, discussion of the colonial period in Korea has centered mostly on the degree of exploitation or development that took place domestically, while international aspects have been relatively neglected. Colonial discourse, such as characterization of Korea as a “hermit nation,” was promulgated around the world by Japan and haunts us today. The colonization of Korea also transformed Japan and has had long-term consequences for post–World War II Northeast Asia as a whole.

Through sections that explore Japan’s images of Korea, colonial Koreans’ perceptions of foreign societies and foreign relations, and international perceptions of colonial Korea, the essays in this volume show the broad influence of Japanese colonialism not simply on the Korean peninsula, but on how the world understood Japan and how Japan understood itself. When initially incorporated into the Japanese empire, Korea seemed lost to Japan’s designs, yet Korean resistance to colonial rule, along with later international fear of Japanese expansion, led the world to rethink the importance of Korea as a future sovereign nation.

Instead of appearing as a stable set of normative demands opposed to international politics, international law is better understood as an aspect of hegemonic contestation, a technique of articulating political claims in terms of legal rights and duties. The controversies in the law concerning the use of force, the law of peace, human rights, trade and globalization reflect strategies through which political actors seek to make their preferences appear to be universal ones. But the legal idiom also contains a utopian aspect: it distances political actors from their idiosyncratic preferences and thus creates the international world as a legal community in the act of invoking it.

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.