Socializing States: Promoting Human Rights through International Law

Paperback | September 30, 2013

byRyan Goodman, Derek Jinks

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The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters atall, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence - and the micro-processes that drive each mechanism. Such an emphasis would makeclearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence thebehavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empiricallydocumented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also providesa conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides thecritical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

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The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters atall, and how it might change the behavior or p...

Ryan Goodman is Professor of Law at New York University. Derek Jinks is Professor of Law at University of Texas.

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Format:PaperbackDimensions:240 pages, 9.25 × 6.12 × 0.68 inPublished:September 30, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019930100X

ISBN - 13:9780199301003

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Table of Contents

1. Introduction: Rethinking State Socialization and International Human Rights LawA. The Empirical Study of International LawB. Objectives of the ProjectC. Theorizing State SocializationD. Advancing the Understanding of State SocializationE. Outline of the BookPART I. A THEORY OF INFLUENCE2. Three Mechanisms of Social InfluenceA. Material inducementB. PersuasionC. Acculturation1. Acculturation as Incomplete Internalization: Distinguishing Persuasion2. Acculturation as Social Sanctions and Rewards: Distinguishing Material InducementD. Illustration: Mechanisms of Influence in The Global Diffusion of Markets and Democracy3. Acculturation of States: The Theoretical ModelA. Socialization of the StateB. Acculturation and the Patterns of State Practice1. Isomorphism across states2. Decoupling within states3. Global integration correlation4. Social networks correlation5. Institutionalization correlation6. Contagion effects: adoption by other states is a predictor of subsequent adoption7. Lack of correlation with geopolitical vulnerability or with powerful states' interests8. Discerning the Process of Micro-Acculturation: Qualitative analysis and case studies4. Acculturation of States: The Empirical RecordA. Studies Outside of Human Rights1. Environmental policy and public education2. Network effectsB. Human rights studies1. Constitutional design2. Substantive rights protections: Children's rights and women's rights3. Network effects and human rights4. Regional/"neighborhood" effects: Simmons' Mobilizing for Human RightsC. Objections and Clarifications1. Does our account assume acculturation spreads desirable laws and policies?2. Could material inducements provide an equally plausible explanation of the observed behavior?3. Is global-level acculturation driven by hegemonic interests?PART II. APPLICATIONS FOR INTERNATIONAL HUMAN RIGHTS REGIME DESIGN5. Conditional Membership: Socialization and the Community DelimitationA. Material inducementB. PersuasionC. Acculturation6. Precision of Legal Obligations: Socialization and Rule-makingA. Material inducementB. PersuasionC. Acculturation7. Monitoring and Enforcement: Socialization and Rule-breakersA. Material inducementB. PersuasionC. AcculturationPART III. PROBLEMS AND PROSPECTS OF STATE SOCIALIZATION8. State Acculturation and the Problem of ComplianceA. Acculturation without DecouplingB. Acculturation with "Benign" or "Facilitative" DecouplingC. Decoupling and "Deep" ReformD. Moving beyond Decoupling: The progression of acculturation1. Domestic political opportunity structure2. The "civilizing force of hypocrisy" I: External audience effects3. The "civilizing force of hypocrisy" II: Internal "audience" effects4. Escalating demands by global civil society5. Evolutionary state learning6. The causal dispensability of domestic civil society/NGOsE. Managing Decoupling: Designing institutions to reduce the gap9. Toward an Integrated Model of State SocializationA. Taking Acculturation SeriouslyB. Negative Interactions between Mechanisms1. Conveyance of prevalence information2. Overjustification and social signaling3. Overjustification and self-perception4. Overjustification and self-determination5. "A fine is a price"C. Sequencing EffectsD. Conditions for Mechanism Success1. Targeting Capacity and Target Actor Characteristics2. Influence agent characteristics10. Conclusion: Taking Stock and Future ResearchA. Our Major Empirical ClaimsB. Our Major Normative ApplicationsC. Future Normative WorkD. Future Empirical Work