Human rights as myth and ceremony? Reevaluating the effectiveness of human rights treaties, 1981-2007

Much research has shown human rights treaties to be ineffective or even counterproductive, often contributing to greater levels of abuse among countries that ratify them. This article reevaluates the effect of four core human rights treaties on a variety of human rights outcomes. Unlike previous studies, it disaggregates treaty membership to examine the effect of relatively "stronger" and "weaker" commitments. Two-stage regression analyses that control for the endogeneity of treaty membership show that stronger commitments in the form of optional provisions that allow states and individuals to complain about human rights abuses are often associated with improved practices. The article discusses the scholarly and practical implications of these findings.     

‘Men Don't Have Families’: Equality and Motherhood in Technical Employment

Drawing upon evidence collected during a study of female technical professionals in the electronics sector, this paper argues that organizational policies and practices in respect of this group continue to be underpinned by the ‘norm’ of the typical male employee whose family commitments impinge marginally, if at all, on work responsibilities. Women, as actual or potential mothers, continue to be seen as deviants from this norm, whose family commitments are likely to adversely affect work performance or commitment. Not only do these assumptions condition the general treatment of women technical professionals, but they are embodied in those policies and practices designed to facilitate the combination of motherhood and paid work. Both the assumptions around which policies are framed and their implementation in practice reinforce as unproblematic the prevailing domestic division of labour. Such policies and practices therefore continue to function essentially as a concession to the deviant status of women in general and mothers in particular, rather than as tools of a broader equal opportunities policy.     

De Jure vs. De Facto Rights: A Response to “Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology”

Blau's ( 2016 ) argument for a Constitutional Project implies that changes in the U.S. Constitution would ensure fundamental adherence to human rights standards. We disagree with the assumption that legal and institutional instruments are guarantors of human rights practice. Instead, we see rights practices as the function of power struggles that include but go far beyond formal law. Instead, we emphasize an important distinction between de jure human rights instruments and de facto human rights practice, arguing that the focus on de jure instruments and legal discourse misses the significant effect of social movements and direct action that secure rights practice. De jure instruments may codify human rights and enumerate them as important, but they do not carry the authority of enforcement. We argue that the pursuit of human rights must be reframed to include both de jure and de facto human rights terrains. While charitable provisions from generous states can temporarily relieve specific human rights abuses, universal human rights practice requires establishing the fundamental political primacy of the people through the processes of the human rights enterprise.     

An institutional analysis of HIV prevention efforts by the nation's outpatient drug abuse treatment units.

Drawing from an institutional-theory perspective on innovations in organizations, this paper examines the use of human immunodeficiency virus (HIV) prevention practices by the nation's outpatient substance abuse treatment units during a critical period from 1988 to 1995. An institutional perspective argues that organizations adopt new practices not only for technical reasons, but also because external actors actively promote or model the use of particular practices. We examine the extent to which treatment units use several practices to prevent HIV infection among their clients and among drug-users not in treatment. Results from random-effects regression analyses of national survey data show that treatment units significantly increased their use of HIV prevention practices from 1988 to 1995. Further, the results show that treatment units' use of prevention practices was related to clients' risk for HIV infection, unit resources available to support these practices, and organizational support for the practices. Implications are discussed for an institutional view of organizational innovation as well as for research on HIV prevention.     

Managing human resource shortages in a unionized setting: Best practices in air traffic control

Human resource shortages require effective human resource management (HRM). Findings from research about ongoing labor shortages in air traffic control (ATC) are used to build a preliminary theory of appropriate HRM responses. Our international sample of major ATC agencies generally developed a set of best HRM practices to attract, motivate, and retain human assets. Key factors included (1) cultural and institutional norms, (2) technological change, (3) union responses, and (4) organizational form and structure (e.g., civil service versus commercial firms). While ATC’s rare human aptitudes, lengthy training to develop firm-specific human capital, and lifelong employment may limit the preliminary theory’s general applicability, crucial lessons emerge about human resource planning. This research was conducted with the support of the Social Sciences and Humanities Research Council, the Rice Fellowship, the Ziegler Fellowship, and the Center for International Business Studies at the University of Alberta. We are indebted to the individuals interviewed.     

Institutions and the adoption of rights: political and property rights in Colombia

Citizenship rights are the result of specific political bargains between different collective actors and state authorities (Tilly Theory and Society 26(34):599–602, 1997). The political bargains for rights are encoded in institutions, and these institutions develop independently from each other and take organizational characteristics that make certain rights easier to adopt than others. I argue that these institutions vary along two dimensions that affect the extent to which states can adopt rights successfully: one dimension is distributional and the second is the depth or extension of the rules that frame a given right. This article focuses on the institutional differences between property rights, especially land property, and political rights, and on the consequences of those differences on their adoption. I then illustrate my argument with examples from Colombia since 1980.     

Beyond organizational ties: foundations of persistent commitment in environmental activism

ABSTRACT

Movement scholars commonly treat persistent commitment as an aspect of activism that is set in motion when recruits join a group or organization. To investigate the phenomenon of sustained activist commitment that exists separately from or in addition to organizational membership, I examine activist commitment to environmental causes. I base this analysis on thirty open-ended interviews, averaging eighty minutes, with activists whose persistent commitments to environmental causes range from ten to fifty years. I (a) identify patterns that long-term environmental activists express in their personal biographies and activist trajectories, (b) generate insights about commitment mechanisms that exist independently of organizational membership, (c) discuss how existing conceptions of activist commitment might be extended. I recommend that scholars look beyond organizational ties to pinpoint specific mechanisms that produce and sustain activist commitment to causes. I find that committed environmental activists link their activism to strong connections with nature, biographical influences, individual tactics, and personal missions rather than to organizations.     

Causes of Early and Later Organizational Adoption: The Case of Corporate Downsizing

While the causes of organizational adoption of new practices often vary across social contexts, organizational theories seldom recognize this fact. One of the few contextual theories on adoption views the causes of adoption as varying according to the timing of adoption: Economic causes should govern early adoption and institutional causes should govern later adoption. Tests of this theory generally have focused on gradual adoption among noneconomic organizations. Recognizing the need to expand our understanding of the timing of organizational adoption, I examine rapid adoption among economic organizations. More specifically, I focus on the adoption of downsizing programs among Fortune 100 firms and report that economic and institutional factors have affected downsizing throughout the downsizing era. Interpretation of these findings sheds light on the genesis and continuation of the downsizing era and on the impact that the rise of investor capitalism has had on shifts in the specific causes of early and later downsizings. I conclude by stressing the theoretical and practical utility of investigating how new practices spread across organizations in different contexts.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

Testing planets: Institutions tested in an era of uncertainty

Prior accounts of the experimenter’s regress in laboratory testing are set against the background of a relatively stable institutional context. Even if the tools are new or the object of investigation is unknown, participating entities are named, a certain degree of funding is presumed, and an organization exists to conduct the test. In this paper, I argue that this background assumption obscures the importance of institutional and organizational context to the sociology of testing. I analyze ethnographic data gathered among a NASA team whose funding is uncertain, whose mission organization is not yet established, and whose object of investigation is inaccessible. In what I characterize as “ontological flexibility,” I reveal how scientists shift their accounts of object agency in response to changes in their institutional environment. As they describe the moon as “uncooperative” or “multiple” while they make appeals to institutions at various stages of support in their exploration projects, this reveals the presence of an “institutional regress”: a previously overlooked aspect of the sociology of testing.     

The lawyers’ war: states and human rights in a transnational field

While torture and assassination have not infrequently been used by states, the post 9/11 ‘war on terror’ waged by the US has been distinguished by the open acknowledgement of, and political and legal justifications put forward in support of, these practices. This is surprising insofar as the primary theories that have been mobilized by sociologists and political scientists to understand the relation between the spread of human rights norms and state action presume that states will increasingly adhere to such norms in their rhetoric, if not always in practice. Thus, while it is not inconceivable that the US would engage in torture and assassination, we would expect these acts would be conducted under a cloak of deniability. Yet rather than pure hypocrisy, the US war on terror has been characterized by the development of a legal infrastructure to support the use of ‘forbidden’ practices such as torture and assassination, along with varying degrees of open defence of such tactics. Drawing on first-order accounts presented in published memoirs, this paper argues that the Bush administration developed such openness as a purposeful strategy, in response to the rise of a legal, technological, and institutional transnational human rights infrastructure which had turned deniability into a less sustainable option. It concludes by suggesting that a more robust theory of state action, drawing on sociological field theory, can help better explain the ways that transnational norms and institutions affect states.     

The institutional project of neo-liberal globalism: The case of the WTO

This article examines the impact of the World Trade Organization (WTO) on domestic trade policies and practices. It shows that protectionist measures, including those practiced by the United States, have been effectively challenged, and consequently restricted, due to the WTO strengthened dispute settlement procedures. I show that the new procedures affected the substantive policy outcomes by changing the political influence of competing actors. Specifically, I identify four transformations affecting the political influence of participants: the re-scaling of political authority, the judicialization of inter-state relations, the institutionalization of the international organization, and the structural internationalization of the state. Based on this case, the article offers a view of globalization as an institutional project. This view emphasizes the political dimension of the process of globalization; it suggests that this project was facilitated by transforming the institutional arrangements in place; and it identifies the contradictions inherent in it both to U.S. hegemony and to the globalization project itself.     

Bringing the Media in: Newspaper Readership and Human Rights*

Cross‐national studies examining human rights outcomes have seldom considered the role of the news media. This is unfortunate, as a large body of work in media studies suggests that the news industry effectively educates citizens, shapes public attitudes, and stimulates political action. I juxtapose these two literatures in a cross‐national context to examine the print media’s impact on a state’s human rights performance. First, examining micro‐level evidence from the World Values Survey, I show that an individual’s level of media consumption, including newspaper readership, is positively associated with participation in human rights organizations. Next, I present macro‐level evidence regarding the aggregate effect of a society’s newspaper readership on its human rights record. Analyzing an unbalanced dataset with a maximum of 459 observations across 138 countries covering four waves during the 1980–2000 period, I use ordered probit regression to examine the relationship between a state’s newspaper readership and its Amnesty International rating. I find that newspaper readership exerts strong, positive effects on a state’s human rights practices net of other standard predictors and temporal/regional controls. Moreover, the effect of readership is robust to a number of alternative specifications that address concerns with ceiling effects, measurement bias, influential observations, sample composition, mediation, endogeneity, and the impact of alternative forms of media consumption (i.e., the Internet and television).     

Simulation as a Social Process in Organizations

An emergent research literature is starting to cohere on simulation as a sociological process within organizations. This paper shines a spotlight on this scholarship, and offers new ways to think about the dizzying array of simulation we encounter in our organizational, institutional, and everyday lives. I define simulation as an empirical social process and show how they vary in consequence by their experiential modality, their referential frame, and their perceived realism. I then document three conceptual trends in the literature: (i) treating simulation as an organizational technique for risk management; (ii) a focus on virtual reality, video games, and moral ambiguity; and (iii) studies of the impact of computer simulation on scientific knowledge production and the reorganization of some technical fields, such as weapons research, artificial intelligence, and meteorology. Organizational uncertainty tends to coalesce around disputes about the appropriate qualities and functions of a given simulation technique or technology. I conclude the paper by identifying how the sociology of simulation can connect with more established areas of contemporary research within organizations, work and occupations, and institutional sociology.     

Stabilizing flows in the legal field: illusions of permanence,intellectual property rights and the transnationalization of law

In this article I examine some of the problems that ‘modern’ legal theory poses for a consideration of the extended reach of social actors and institutions in time and space. While jurisprudence has begun to engage with the concept of globalization, it has done so in a relatively limited manner. Thus legal theory's encounters with highly visible transnational practices have, for the most part, resulted not in challenging the prevailing formal legal paradigm, but in a renewed if slightly modified search for a general jurisprudence that ultimately takes little account of the manner in which the work of law is carried out transnationally. In the first part of this article I examine how legal theory's concern to maintain its own integrity places limitations on its ability to examine the permeability of social boundaries. In the latter part I draw on critical human geography, post–structuralism and actor–network theory (ANT), to examine the manner in which transnational actors have been able to mobilize law, and in particular intellectual property rights (IPRs), as a necessary strategy for both maintaining the meanings of bio–technologies through time and space, and enrolling farmers into particular social networks.     

多维理论视域中的能源政治与安全观

关于国际能源政治及其安全的各派理论观点虽视角各异,但其相互间实际上是互为交叉和影响,并日益呈现出共同特征.随着冷战后世界经济全球化进程的加速,各国在能源领域的相互依存日渐加强,既竞争又协调成为国际能源政治的主流.由此各方越来越重视能源领域的国际合作及其国际机制的建设,主张通过国际合作与协调来实现能源安全,将维护能源安全与实现经济和社会的可持续发展、与国家的对外政治和经济关系紧密联系起来.     

Rejected asylum seekers: the problem of return

During this decade the return of rejected asylum seekers has become an issue of increasing concern to major asylum states in the industrialized world. This article exposes the various political and legal approaches taken by returning states as well as the constraints emerging from human rights law.
As a rigid control paradigm and related enforcement practices entail a considerable risk of human rights violations, it seems reasonable to focus on measures enhancing the voluntary compliance of all actors involved with norms governing return.
This means negotiating a broad political consensus between returning states and countries of origin, specifying the legal framework with a view to securing the human rights of the rejectee, arranging for impartial monitoring of return practices and rendering voluntary forms of return more attractive.     

Limitations of existing cultural globalization perspectives: A case study of the influence of technology on sexualities

Literature on market participation via location‐based mobile dating apps (LBMDAs) typically engages two different perspectives: global and local. While global perspectives anticipate similarities resulting from cultural homogenization (i.e., LBMDA profiles should exhibit uniformity in otherwise diverse locations), local perspectives anticipate differences resulting from cultural heterogenization (i.e., LBMDA profiles should exhibit variability by location). Although existing research recognizes how technology amplifies both homogenization and heterogenization, the direction of its effects remains unclear. Scholars also treat these processes as diametrically opposed, despite the theoretical and empirical limitations of doing so. This review addresses these limitations through an alternative conceptual framework that triangulates existing literature on globalization, technology, and sexualities. Specifically, I use this framework to explore the mix of global/local influences on exchanges on LBMDAs for gay men/men who have sex with men in the United States, the United Kingdom, and Brazil. In doing so, I demonstrate one way to more accurately map the extent to which globalization affects sexual culture across countries while accounting for the unique situational conditions of local sexual cultures.     

Czesław Miłosz’s Self-presentation in English-Speaking Countries

Kosovo’s education system is divided along a Serb-Albanian line, with consequences for the non-Serb minorities. While Serb-Albanian relations have been researched and analyzed extensively, relations among non-Serb minority communities have typically been neglected. Although there are some studies addressing the treatment and rights of individual minority groups in Kosovo, there is very little written on the dynamics and relations those groups establish among themselves. This article uses education as the backdrop for analyzing the emerging inter-minority relations in Kosovo. The paper provides some background about minority education rights and the consequences of their partial implementation for those minority groups—i.e., the Kosovo Bosniaks and Turks—whose members opt to follow the Albanian (Kosovo) educational system. In addition, it offers insights into some of the economic and political considerations behind the decision of the Gorani community to endorse the Serbian educational system. Finally, I analyze the relations between the Goranis and Bosniaks that have been developing around education and language rights.