From the Publisher:
What determines the flow of labor and capital in this new global information economy? Who has the capacity to coordinate this new system, to create a measure of order? And what happens to territoriality and sovereignty, two fundamental principles of the modern state? Losing Control? is a major addition to our understanding of these questions. Examining the rise of private transnational legal codes and supranational institutions such as the World Trade Organization and universal human rights covenants, Saskia Sassen argues that sovereignty remains an important feature of the international system, but that it is no longer confined to the nation-state. Sassen argues that a profound transformation is taking place, a partial denationalizing of national territory seen in such agreements as NAFTA and the European Union. Two arenas stand out in the new spatial and economic order: the global capital market and the series of codes and institutions that have mushroomed into an international human rights regime. As Sassen shows, these two quasi-legal realms now have the power and legitimacy to demand accountability from national governments, with the ironic twist that both depend upon the state to enforce their goals.

Losing Control?: Sovereignty in the Age of Globalization

This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

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Mobilizing for Human Rights: International Law in Domestic Politics

The authors examine the impact of the international human rights regime on governments' human rights practices. They propose an explanation that highlights a “paradox of empty promises.” Their core arguments are that the global institutionalization of human rights has created an international context in which (1) governments often ratify human rights treaties as a matter of window dressing, radically decoupling policy from practice and at times exacerbating negative human rights practices, but (2) the emergent global legitimacy of human rights exerts independent global civil society effects that improve states’ actual human rights practices. The authors’ statistical analyses on a comprehensive sample of government repression from 1976 to 1999 find support for their argument.

https://www.jstor.org/stable/10.1086/428442

Human rights in a globalizing world : The paradox of empty promises

What motivates states to follow international norms, rules, and commitments? All social systems must confront what we might call the problem of social control—that is, how to get actors to comply with society's rules—but the problem is particularly acute for international relations, because the international social system does not possess an overarching center of political power to enforce rules. Yet, taken in balance with other values, a measure of order is a valued good. Some take this absence of centralized power to mean that the international system is like a Hobbesian state of nature, where only material power matters; others see it as evidence that international rules have force only when they are in the self-interest of each state. I show that these two conclusions are premature because of their shallow reading of international society and misinterpretation of the ways in which authority works in domestic society.

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Legitimacy and Authority in International Politics

1. Rightful resistance 2. Opportunities and perceptions 3. Boundary-spanning claims 4. Tactical escalation 5. Outcomes 6. Implications for China.

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Rightful Resistance in Rural China

This text explores the principal issues and developments, both in international human rights and in rights in the United States, and then compares the concepts and conditions of rights in various parts of the world. It pays particular attention to the role of US foreign policy.

Louis Henkin

Papers

The Age of Rights

How nations behave: Law and foreign policy

How Nations Behave: Law and Foreign Policy

Kosovo and the law of humanitarian intervention

How nations behave