Meaning a Global Perspective

Meaning of a Global Perspective

A global perspective on freedom of expression borrows from different disciplines and theories, including international law, global norms formation, comparative jurisprudence and international legal pluralism. As such, it covers the international institutions, treaties, soft law and jurisprudence underpinning international free speech standards. It includes analyses of national constitutions, laws and jurisprudences to identify convergence and conflicts across jurisdictions. It focuses on the extent to which global norms of freedom of expression have emerged and cascaded around the world and the actors and forces responsible for it. Finally, a global perspective on freedom of expression is predicated on the notion that multiple legal orders support judicial dialogues but the existence of a “global village of precedents.”

10 items found, showing 1 - 10

Global Norms Formation

Author: Stephen Krasner
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"International regimes are defined as principles, norms, rules, and decision making procedures around which actor expectations converge in a given issue-area. As a starting point, regimes have been conceptualized as intervening variables, standing between basic causal factors and related outcomes and behavior. There are three views about the importance of regimes: conventional structural orientations dismiss regimes as being at best ineffectual; Grotian orientations view regimes as an intimate component of the international system; and modified structural perspectives see regimes as significant only under certain constrained conditions. For Grotian and modified structuralist arguments, which endorse the view that regimes can influence outcomes and behavior, regime development is seen as a function of five basic causal variables: egoistic self-interest, political power, diffuse norms and principles, custom and usage, and knowledge."

Krasner, Stephen D. "Structural Causes and Regime Consequences: Regimes as Intervening Variables." International Organization 36, no. 2 (1982): 185-205. http://www.jstor.org/stable/2706520.

Author: John Ruggie
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"Constructing the World Polity brings together in one collection the theoretical ideas of one of the most influential International Relations theorists of our time. These essays, with a new introduction, and comprehensive connective sections, present Ruggie's ideas and their application to critical policy questions of the post-Cold War international order. Themes covered include:* International Organization. How the 'new Institutionalism' differs from the old. The System of States. Explorations of political structure, social time, and territorial space in the world polity. Making History. America and the issue of 'agency' in the post-Cold Was era. NATO and the future transatlantic security community. The United Nations and the collective use of force."

John Ruggie. Constructing the World Polity: Essays on International Institutionalization. London: Routledge, 1998.

Author: Beth Simmons, Volha Charnysh, and Paullete Lloyd
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"This article examines the process of consensus formation by the international community on how to confront the problem of trafficking in persons. We analyze the corpus of UNGA 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 on 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 international relations is more aptly described as one of “accommodation” through issue linkage than a process of persuasion."

Volha Charnysh and  Paulette Lloyd and Beth A. Simmons, Frames and Consensus Formation in International Relations: The Case of Trafficking in Persons (2015). European Journal of International Relations, Vol. 21, Pg. 323, 2015; U of Penn Law School, Public Law Research Paper No. 16-39. https://scholar.harvard.edu/bsimmons/publications/frames-and-consensus-formation-international-relations-case-trafficking 

Author: Ethan A. Nadelmann
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"The dynamics by which norms emerge and spread in international society have been the subject of strikingly little study. This article focuses on norms that prohibit, both in international law and in the domestic criminal laws of states, the involvement of state and nonstate actors in activities such as piracy, slavery, counterfeiting, drug trafficking, the hijacking of aircraft, and the killing of endangered animal species. It analyzes the manner in which these norms have evolved into and been institutionalized by global prohibition regimes and argues that there are two principal inducements to the formation and promotion of such regimes. The first is the inadequacy of unilateral and bilateral law enforcement measures in the face of criminal activities that transcend national borders. The second is the role of moral and emotional factors related to neither political nor economic advantage but instead involving religious beliefs, humanitarian sentiments, fears, prejudices, paternalism, faith in universalism, the individual conscience, and the compulsion to proselytize. The ultimate success or failure of an international regime in effectively suppressing a particular activity depends, however, not only on the degree of commitment to its norms or the extent of resources devoted to carrying out its goals but also on the vulnerability of the activity to its enforcement measures."

Ethan A. Nadelmann. "Global Prohibition Regimes: The Evolution of Norms in International Society," International Organization 44(4): 479–526, p. 481-2 (1990)

Author: Beth Simmons
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"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."

Beth Simmons. Mobilizing for Human Rights: International Law in Domestic Politics. Cambridge: Cambridge University Press, 2009. doi:10.1017/CBO9780511811340

Author: Karl-Dieter Opp
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Norms are a major focus of attention of all social sciences, particularly sociology, political science, economics, anthropology, and social psychology. The social sciences are interested in the empirical study of norms, whereas jurisprudence and philosophy (moral philosophy and deontic logic) address the question of what 'good' norms are and how normative reasoning can be formalized. This article addresses the most important issues in the empirical study of norms. We begin by outlining some basic facts about norms because explanations of norms should address these facts. Before proceeding further, it is useful to elaborate on the major dimensions of the norms concept that are found in the literature and to ask what norms definition is to be preferred. The next issue is how norms can be measured. The central theoretical questions are how norms originate and, if they exist, what effects they have. These questions are addressed in the last two sections of the article. Norms are a major focus of attention of all social sciences, particularly sociology, political science, economics, anthropology , and social psychology. The social sciences are interested in the empirical study of norms, whereas jurisprudence and philosophy (moral philosophy and deontic logic) address the question of what 'good' norms are and how normative reasoning can be formalized. The literature on norms is so vast that a short article on this subject has to be restrictive. The following sections address the most important questions of the study of norms. We begin by outlining some basic facts about norms because explanations of norms should address these facts. Before proceeding further, it is useful to elaborate on the major dimensions of the norms concept that are found in the literature and to ask what norms definition is to be preferred. The next issue is how norms can be measured. The central theoretical questions are how norms originate and, if they exist, what effects they have. These questions are addressed in the last two sections of the article. 

Karl-Dieter Opp. 2015. "Norms." in International Encyclopedia of Social and Behavioral Sciences, volume 17 (2nd edition), edited by J. D. Wright. Oxford: Elsevier.

Author: John Ruggie
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"This article examines the process of consensus formation by the international community on how to confront the problem of trafficking in persons. We analyze the corpus of UNGA 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 on 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 international relations is more aptly described as one of “accommodation” through issue linkage than a process of persuasion."

John Ruggie. Reconstituting the Global Public Domain — Issues, Actors, and Practices, European Journal of International relations, Volume: 10 issue: 4, December 2004, page(s): 499-531

Author: Kathryn Sikkink
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“Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations […] Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.”

Kathryn Sikkink. Justice Cascade: How Human Rights Prosecutions Are Changing World Politics. W W Norton, 2011.

Author: Sejal Parmar
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"This article examines the ‘Joint Declarations on freedom of expression’ from a critical perspective. Since 1999, these Joint Declarations have been adopted annually by the four intergovernmental mechanisms on freedom of expression with the assistance of two non-governmental organisations. This article identifies the factors which contribute to the Joint Declarations’ value, with a specific focus on the collaborative process leading up to their adoption, their progressive content and their demonstrated influence upon courts and other actors. It also acknowledges the limitations of the texts, including their non-binding nature as soft law, their limited impact and lack of visibility. Notwithstanding these issues, this article contends that the Joint Declarations constitute a distinct and potentially influential body of international soft law on freedom of expression, one whose relevance to policy debates deserves broader recognition."

Parmar, Sejal. “The Significance of the Joint Declarations on Freedom of Expression.” Netherlands Quarterly of Human Rights 37, no. 2 (June 2019): 178–95. https://journals.sagepub.com/doi/pdf/10.1177/0924051919844388

Author: Martha Finnemore, Kathryn Sikkink
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“Norms have never been absent from the study of international politics, but the sweeping “ideational turn” in the 1980s and 1990s brought them back as a central theoretical concern in the field. Much theorizing about norms has focused on how they create social structure, standards of appropriateness, and stability in international politics. Recent empirical research on norms, in contrast, has examined their role in creating political change, but change processes have been less well-theorized. [The authors] induce from this research a variety of theoretical arguments and testable hypotheses about the role of norms in political change. [They] argue that norms evolve in a three-stage “life cycle” of emergence, “norm cascades,” and internalization, and that each stage is governed by different motives, mechanisms, and behavioral logics. [They] also highlight the rational and strategic nature of many social construction processes and argue that theoretical progress will only be made by placing attention on the connections between norms and rationality rather than by opposing the two.”

Finnemore, Martha, and Kathryn Sikkink. “International Norm Dynamics and Political Change.” International Organization 52, no. 4 (1998): 887–917. doi:10.1162/002081898550789.