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The work analyzes the impact and implementation of international
humanitarian law in judicial and quasi judicial bodies. Moreover,
acknowledging the high impact domestic jurisdictions have in the
configuration of international law, the book does not rest only in
an analysis of the international jurisprudence, but delves also
into the question of how domestic courts relate to international
humanitarian law issues.
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 at all, 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 make clearer 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 the behavior 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,
empirically documented 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 provides a
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 the
critical 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,
In Understanding Social Action, Promoting Human Rights, editors
Ryan Goodman, Derek Jinks, and Andrew K. Woods bring together a
stellar group of contributors from across the social sciences to
apply a broad yet conceptually unified array of advanced social
science research concepts to the study of human rights and human
rights law. The book focus on three key methodological and
substantive areas: actors, or social and political perspectives,
including behavioral economics; communication, covering
linguistics, media studies, and social entrepreneurship; and
groups, via organizational theory, political economy, social
movements, and complexity theory. Their goal is to provide a more
comprehensive and more practical theory of social action, which
necessarily requires a better understanding of individuals,
organizations of individuals, and the ways in which both relate to
other individuals and organizations.
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