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Human Rights Law Commons

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Full-Text Articles in Human Rights Law

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons Oct 2020

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons

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Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …


Testing For Negative Spillovers: Is Promoting Human Rights Really Part Of The “Problem”?, Anton Strezhnev, Judith G. Kelley, Beth A. Simmons Feb 2020

Testing For Negative Spillovers: Is Promoting Human Rights Really Part Of The “Problem”?, Anton Strezhnev, Judith G. Kelley, Beth A. Simmons

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The international community often seeks to promote political reforms in recalcitrant states. Recently, some scholars have argued that, rather than helping, international law and advocacy create new problems because they have negative spillovers that increase rights violations. We review three mechanisms for such spillovers: backlash, trade-offs, and counteraction and concentrate on the last of these. Some researchers assert that governments sometimes “counteract” international human rights pressures by strategically substituting violations in adjacent areas that are either not targeted or are harder to monitor. However, most such research shows only that both outcomes correlate with an intervention—the targeted positively and the …


Borders Rules, Beth A. Simmons Jan 2019

Borders Rules, Beth A. Simmons

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International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active forms …


Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer Jan 2019

Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer

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International regulatory agreements depend largely on self-reporting for implementation, yet we know almost nothing about whether or how such mechanisms work. We theorize that self-reporting processes provide information for domestic constituencies, with the potential to create pressure for better compliance. Using original data on state reports submitted to the Committee Against Torture, we demonstrate the influence of this process on the pervasiveness of torture and inhumane treatment. We illustrate the power of self-reporting regimes to mobilize domestic politics through evidence of civil society participation in shadow reporting, media attention, and legislative activity around anti-torture law and practice. This is the …


The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons Feb 2018

The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons

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Human rights treaty bodies have been frequently criticized as useless and the regime’s self-reporting procedure widely viewed as a whitewash. Yet very little research explores what, if any, influence this periodic review process has on governments’ implementation of and compliance with treaty obligations. We argue oversight committees may play an important role in improving rights on the ground by providing information for international and primarily domestic audiences. This paper examines the cumulative effects on women’s rights of self-reporting and oversight review, using original data on the history of state reporting to and review by the Committee on the Elimination of …


Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons Mar 2016

Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons

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Whether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for …


Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons Aug 2015

Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons

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The core international human rights treaty bodies play an important role in monitoring implementation of human rights standards through consideration of states parties’ reports. Yet very little research explores how seriously governments take their reporting obligations. This article examines the reporting record of parties to the Convention against Torture, finding that report submission is heavily conditioned by the practices of neighboring countries and by a government’s human rights commitment and institutional capacity. This article also introduces original data on the quality and responsiveness of reports, finding that more democratic—and particularly newly democratic—governments tend to render higher quality reports.


Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith Jun 2015

Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith

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In 1995, Louis Henkin wrote a famous piece in which he suggested that the process of human rights treaty ratification was haunted by “the ghost of Senator Bricker” – the isolationist Senator who in the 1950s had waged a fierce assault on the treaty power, especially with regard to human rights treaties. Since that time, Senator Bricker’s ghost has proved even more real. Professor Henkin’s concern was with how the United States ratified human rights treaties, and specifically with the packet of reservations, declarations, and understandings (RUDs) attached by the Senate in giving its advice and consent. Today, the question …


Framing For A New Transnational Legal Order: The Case Of Human Trafficking, Paulette Lloyd, Beth A. Simmons Jan 2015

Framing For A New Transnational Legal Order: The Case Of Human Trafficking, Paulette Lloyd, Beth A. Simmons

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How does transnational legal order emerge, develop and solidify? This chapter focuses on how and why actors come to define an issue as one requiring transnational legal intervention of a specific kind. Specifically, we focus on how and why states have increasingly constructed and acceded to international legal norms relating to human trafficking. Empirically, human trafficking has been on the international and transnational agenda for nearly a century. However, relatively recently – and fairly swiftly in the 2000s – governments have committed themselves to criminalize human trafficking in international as well as regional and domestic law. Our paper tries to …


Politics By Number: Indicators As Social Pressure In International Relations, Judith Kelley, Beth A. Simmons Jan 2015

Politics By Number: Indicators As Social Pressure In International Relations, Judith Kelley, Beth A. Simmons

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The ability to monitor state behavior has become a critical tool of international governance. Systematic monitoring allows for the creation of numerical indicators that can be used to rank, compare and essentially censure states. This article argues that the ability to disseminate such numerical indicators widely and instantly constitutes an exercise of social power, with the potential to change important policy outputs. It explores this argument in the context of the United States’ efforts to combat trafficking in persons and find evidence that monitoring has important effects: countries are more likely to criminalize human trafficking when they are included in …


Frames And Consensus Formation In International Relations: The Case Of Trafficking In Persons, Volha Charnysh, Paulette Lloyd, Beth A. Simmons Jan 2015

Frames And Consensus Formation In International Relations: The Case Of Trafficking In Persons, Volha Charnysh, Paulette Lloyd, Beth A. Simmons

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This article examines the process of consensus formation by the international community regarding how to confront the problem of trafficking in persons. We analyze the corpus of United Nations General Assembly Third Committee resolutions to show that: (1) consensus around the issue of how to confront trafficking in persons has increased over time; and (2) the formation of this consensus depends upon how the issue is framed. We test our argument by examining the characteristics of resolutions’ sponsors and discursive framing concepts such as crime, human rights, and the strength of enforcement language. We conclude that the consensus-formation process in …


Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White Oct 2012

Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White

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This is a panel discussion between Pierre Prosper, attorney at Arent Fox LLP and William Burke White, Deputy Dean at the University of Pennsylvania School of Law, comparing the approaches and priorities of U.S. presidential candidates Barack Obama and Mitt Romney regarding foreign policy.


A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White Oct 2002

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

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No abstract provided.


Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle Jan 2002

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

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No abstract provided.