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Thousands of civil society organizations (CSOs) attend the Conferences of the Parties (COPs) of the United Nations Framework Convention on Climate Change (UNFCCC) every year. Through their advocacy work, CSOs define and redefine what “climate change” is really about. The Element focuses on climate advocacy for women and Indigenous peoples (IPs), two prominent climate justice frames at the UNFCCC. Which CSOs advocate for women and IPs? How and why do CSOs adopt gender and Indigenous framing? Bridging the literature on framing strategy and organizational ecology, it presents two mechanisms by which CSOs adopt climate justice frames: self-representation and surrogate-representation. The Element demonstrates that, while gender advocacy is developed primarily by women's CSOs, IPs advocacy is developed by a variety of CSOs beyond IPs organizations. It suggests that these different patterns of frame development may have long-term consequences for how we think about climate change in relation to gender and IPs.
As societies grapple with mitigating or adapting to climate change, law plays a prominent role in the social relations that constitute a response. In this essay, we briefly review of the many different perspectives on law and climate change offered by the authors in this special issue of Law and Society Review. From transnational human rights activism to constitutional litigation to local practices and all around the globe, both the powerful and the marginalized draw on legal institutions and actors in multiple arenas and at multiple scales to address the consequences of climate change. Together, these articles show that law is not confined to courtrooms or judicial systems or regulations; rather, law offers both limitations and opportunities in the ongoing struggle over climate change.
While sociologists have focused on the national adoption of public-sphere women’s rights such as the right to vote in elections or participate fully in economic matters, less work has examined the diffusion of private-sphere women’s rights, rights of women in the home. We address this gap by examining the cross-national adoption of laws that criminalize marital rape. Building on prior research that finds that women’s rights organizations and women’s rights focused treaties, we explore the cross-national determinants of the criminalization of marital rape. Using an event history analysis covering 131 countries from 1979 to 2013, we find support for the global institutionalist framework that contends that socialization into the global system and direct advocacy efforts of global organizations contribute to faster rates of criminalization of marital rape. Further, we suggest that these global institutionalist processes become amplified when they are focused by events that set the agenda for international organizations. Implications for world-society scholarship on the global adoption of women’s rights are further discussed.
Demands of Justice draws on original interviews and archival research to show how global appeals for human rights began in the 1970s to expand the boundaries of the global neighbourhood and disseminate new arguments about humane concern and law in direct opposition to human rights violations. Turning a justice lens on human rights practice, Clark argues that human rights practice offers tools that enrich three facets of global justice: transnational expressions of simple concern, the political realization of justice through politics and law, and new but still incomplete approaches to social justice. A key case study explores the origins of Amnesty International's well-known Urgent Action alerts for individuals, as well as temporal change in the use of law in such appeals. A second case study, of Oxfam's adoption of rights language, demonstrates the spread of human rights as a primary way of expressing calls for justice in the world.
Introduces the motivating questions of the book and discusses the concept of human rights as an international practice. What is the relationship of care to justice; how did human rights advocates develop important practices to advance justice; and why did anti-povery groups adopt rights-based language in development practice? My working hypothesis is that human rights advocates have developed a lasting set of tools for pursuing justice, amounting to a justice-seeking practice. Offers an overview of the book.
Incorporates first-person interviews with people who invented and implemented Amnesty International’s Urgent Action approach to demonstrate how early human rights advocacy implemented three tools of the justice of neighborhood - active care, habit, and appeals - and became a bridge to further political realization of justice. The chapter begins with a focus on a critical period in the early 1970s, when Amnesty International transitioned from working only for people imprisoned for nonviolent speech or beliefs, protected as “human rights” in articles 18 and 19 of the Universal Declaration of Human Rights, to fighting to protect all people from torture and other forms of ill-treatment. Discusses the development of the Urgent Action approach in the USA and Germany. Discusses Amnesty International’s present-day Urgent Action approaches and questions related to effectiveness.
Explores the contents of the thousands of Urgent Action alerts issued by Amnesty International from 1975-2007 on behalf of individuals at risk from human rights violations. The chapter references to care, law, and justice as part of a distinctive culture of human rights argument. By analyzing references to law and aspects of justice in the thousands of UAs, the chapter charts change and continuity in human rights appeals over many years. Throughout the time period, the alerts give voice to the active care found in the justice of neighborhood by expressing, for example, fear for a person’s safety, and by inquiring about alleged ill-treatment of people by authorities or their agents. Appeals to global human rights norms in the documents indicate the emerging importance of law as a tool for the political realization of justice at the global level.
Domestic violence is the predominant form of violence against women in most countries in Africa and Latin America. Scholars have theorized the adoption of domestic violence laws and policies in both regions. However, policy implementation is understudied and under theorized. Therefore, we compare how international organizations and women's nongovernmental organizations have influenced the implementation of domestic violence policies by police officers in Liberia and Nicaragua. We introduce the concept of the transnational implementation process and describe how international organizations and women's organizations have employed training, institutional and policy restructuring, and monitoring to influence police behavior at the street level. The effects of these strategies have been conditional on the political environment. We identify two patterns of international and domestic influence on street-level implementation: internationally led and domestically supported implementation in Liberia, with domestically led and internationally supported implementation in Nicaragua.
This article asks how legal mechanisms are employed outside of North Korea to achieve human rights diffusion in the country; to what extent these result in human rights diffusion in North Korea; and whether measures beyond accountability can be pursued in tandem for more productive engagement. Specifically, it examines how the North Korean government has interacted with the globalized legal regime of human rights vis-à-vis the UN and details the legal processes and implications of the UN Commission of Inquiry report, including domestic legislation, and evidence collection. While transnational legal mobilization has gathered momentum on the accountability side, it is significantly weaker in terms of achieving human rights protection within North Korea given the government’s perception of current human rights discourse as part of an externally produced war repertoire. Thus, efforts to engage the North Korean population and government require concurrent reframing of human rights discourse into more localized and relatable contexts.
There is consensus in the literature that policymaking in the United States (US) and Europe generates different lobbying styles. Two explanations for these differences have been developed so far. The first posits that distinct lobbying styles reflect different political cultures. The second attributes distinct lobbying styles to variation in the institutional context in which lobbyists operate. Studies that have analysed lobbying within the US and Europe and assessed the relative importance of these arguments are problematic because both explanations are consistent with observed differences in lobbying style. In this article, we circumvent problems of observational equivalence by focussing on European and American lobbyists who are active in a similar institutional venue – that is, international diplomatic conferences. Relying on evidence collected at World Trade Organization Ministerial Conferences and United Nation Climate Summits, we tested the relevance of alternative explanations for the variation in lobbying styles between European and American lobbyists. Our results give robust support to the institutional argument.
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