Sociology and the European Court of Human Rights

This article offers a sociological analysis of the jurisprudence of the European Court of Human Rights (ECtHR). Adopting a sociological jurisprudence approach, the article aims to demonstrate the unique and valuable contribution that sociology can make to understanding key aspects of international human rights law. Whilst the article seeks to develop an agenda for critical sociological research on human rights law, it also aims to persuade those charged with the supervision of human rights of the value of sociological analysis. To achieve this, the article focuses on three separate but inter‐related aspects of ECtHR jurisprudence: first, it considers the ECtHR's approach to consensus in its adjudication of human rights complaints; second, it examines the social control implications of the ECtHR's decisions and judgments; and third, it assesses how conceptualizations of social identity are often foundational to the ECtHR's reasoning.     

Dealing with Migrants in the Central Mediterranean Route: A Legal Analysis of Recent Bilateral Agreements Between Italy and Libya

Dealing with the current flow of migrants flocking to the shores of southern European countries remains high on the international agenda. At the end of 2016, 276,957 migrants were waiting in Libya to cross the sea. Many of them were subject to human rights violations and abuses such as arbitrary detention, torture, unlawful killings, sexual exploitation and even slavery (IOM, 2017). The international response has been, so far, insufficient and new ideas and practices are urgently needed. After providing an overview of the legal framework and of the efforts carried out by the relevant international and regional organizations, this article focuses on recent treaties concluded between Italy and Libya, and argues that the new bilateral agreements represent an example of how States are responding to this challenge in an attempt to strike a balance between the need to strengthen the protection of migrants’ rights and the necessity to guarantee the security of national borders.     

Immigration Detention under the Global Compacts in the Light of Refugee and Human Rights Law Standards

The article explores how immigration detention is addressed in the Global Compact on Refugees (GCR) and Global Compact for Safe, Orderly and Regular Migration (GCM) and investigates the potential implications of the compacts on the existing legal framework regulating the use of immigration detention. While Objective 13 of the GCM largely reflects detention‐related standards under international human rights law, the GCR makes only scarce references to detention in §60. Overall, the compacts risk inhibiting gradual endorsement of the norm of non‐detention of children. On the other hand, they rightly restate the priority for alternatives to detention for adults. States should implement the provisions of the compacts in line with their obligations under international human rights and refugee law. The compacts cannot be used as a pretext to lower domestic detention‐related standards or to diminish the validity of the existing framework governing immigration detention.     

Migration,International Telecommunications,and Human Rights1

World polity embeddedness has traditionally been measured by state and civil participation in formal venues, including international organizations, multilateral agreements, and world conferences. In this study, we highlight an alternative form of embeddedness found in cross‐national social relations and apply this framework to the human rights sector of the world polity. Specifically, we propose that the international migrant community diffuses human rights values and practices via (1) local performance and (2) cross‐national communication. Using data from the World Values Survey, we first show that immigrants are more likely to embrace, and actively participate in, the human rights movement. Next, using network data that report country‐to‐country bilateral flows, we observe a high degree of correspondence between international migration and telecommunications, confirming previous studies that trace telephone traffic to the flow of people. Finally, analyzing a balanced data set of 333 observations across 111 countries spanning the 1975–2000 period, we use ordered probit regression to assess the local and cross‐national effects of migrants on a state’s human rights record. We find that a country’s immigration level and its in‐degree centrality in international telecommunications both positively affect its Amnesty International rating, and that these effects are robust to a number of alternative specifications.     

The right to stay: challenging the policy of detention and deportation

The aim of this article is to shed light on the situation of refugees (formally designated as asylum seekers) and undocumented migrant workers, who are among the most vulnerable inhabitants of Europe. Both groups face the threat of detention and deportation. The normative framework, which consists of legal standards and residential institutions, will be critically examined. Despite international standards for respecting the human rights of refugees and undocumented workers, policies of detention and deportation and the mass rejection of asylum claims leave little hope for the empowerment, autonomy and social inclusion of these persons. Instead of a straight-forward argument for closing down all detention centres and putting an end to forcible deportations, the article investigates small scale structural possibilities for inclusive – non-selective – responses to these non-citizens.     

Travelling theory in China: contextualization,compromise and combination

In this article we explore the dissemination of human rights ideas in China through an ethnographic study of three women's organizations: the government's ‘letters and complaints’ department, the governmental NGO affiliated with it, and a legal aid centre; all are located in Beijing. We argue that there are two paths in China for the transmission of international human rights ideas – a government one and a non‐government one. The government path, featured as contextual and compromising, is rooted in socialist and collective values, and the governmental organizations we studied function squarely within the domestic legal framework and the concept of ‘women's rights and interests’. The non‐governmental path, by contrast, characterized by vernacularization, namely a combination of international ideas with local practice to promote legal reform in China, is the result of economic development and interactions with the international community. Both paths interact within their different spheres to further the development of women's rights.     

The Politics of Childhood and Asylum in the UK

This article considers the general treatment of asylum‐seeking families with children in the UK, focusing on the government's practices and public reactions to these measures. It first describes both the exclusive asylum framework, based on institutionalised suspicion, welfare restrictions and detention, and the inclusive child policy framework, based on recognising children's rights and protecting all children. The article then investigates the implications for policy‐making that these radically opposed regimes have for those who fall between the two categories, i.e. asylum‐seeking children. To this end, we examine more closely three asylum practices — Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, detention of accompanied asylum‐seeking children in immigration removal centres and removals. Our analysis indicates that the government's attempt to fully include families within the restrictive asylum framework has been somewhat frustrated by the mobilisation of a wide range of public actors. As such, despite its supposedly ‘legally unconstrained’ room for action, the government has recently agreed to partly review its policy standards for asylum‐seeking families, apparently aware of the potentially damaging effects of being seen as disregarding children's rights and needs. On the other hand, the government does not seem inclined to question the current asylum framework and the assumptions on which it is based. Consequently, the asylum system for families is likely to remain based on ad hocarrangements conditioned by the scale of the protests.     

Transnational issue networks in real and virtual space: the case of women,peace and security

To what extent do online issue networks serve as a proxy for their real‐space counterparts in structure and substance? This question is significant because a number of scholars have begun to study transnational advocacy networks through their representations online. We explored whether this assumption is valid by comparing the network composition and agenda composition of the advocacy network around ‘women, peace and security’, as operationalized through a web‐based survey of actual activists, and the network's online representations of itself, as measured through advocacy websites. Two specific concerns drove the study. First, how closely does the structure of issue networks, as represented on the World Wide Web, correspond with actual advocates' understanding of the players within a specific issue domain? Second, to what extent does the online issue agenda correlate with the most prominent issues described by real‐space advocates within a transnational network? Our findings yielded a high correlation between the online issue agenda and activists’ interpretations of the agenda. However, we found that while hyperlink analysis is an effective tool for identifying the ‘hubs’ or ‘gatekeepers’ within a specific issue network, the nature of the World Wide Web makes it is a blunt tool with which to capture the broader network. This suggests that while the web poses important opportunities as a data source, scholars of transnational networks must pay closer attention to the methodological assumptions implicit in their reliance on this and other new media.     

Making knowledge legitimate: transnational advocacy networks' campaigns against tobacco,infant formula and pharmaceuticals

In this article, we examine three different cases in which health activists lobbied the World Health Organization and its member states to regulate the marketing practices of multinational companies. The campaign against tobacco manufacturers resulted in a binding treaty; the campaign against manufacturers of infant formula resulted in a non‐binding code of conduct; and the campaign against pharmaceutical manufacturers failed. We show that existing arguments regarding the success of global social movements and transnational advocacy networks fail to explain the divergent outcomes in these three cases. Instead, we argue that the effectiveness of global advocacy in these cases depended on the level of perceived legitimacy of the knowledge supporting the advocates' claims and on the prestige of the experts participating in the campaigns.     

The Power of Legal Norms in the EU's External Border Control

Despite an increased level of legalization of JHA, academic literature has paid little attention to the role of law in this field. It is the objective of this article to assess the EU's attempt to reconcile its current practices of extraterritorial border control coordinated by Frontex in the Mediterranean with international human rights law, notably the principle of non‐refoulement. By drawing on insights on both rationalist and constructivist accounts, we argue that international human rights principles such as non‐refoulement are usually broad enough for everyone to identify and agree with and to provide state actors sufficient leeway to interpret the rules according to their interest. However, thanks to the activities of numerous inter‐, supra‐, and transnational actors offering various and competing legal interpretations, EU member states feel compelled to react by triggering several rounds of rule‐specification that have the power to clarify pertinent law and strengthen fundamental rights standards.     

International law and the detention of refugees and asylum seekers

The detention of refugees and asylum-seekers throughout the world remains a serious issue, currently affecting thousands of individuals. This article examines national concepts, powers, and practices of detention and these with individual right of refugees and asylum-seekers under international law. The general role of international law, in conjunction with the UN High Commission for Refugees, is to protect refugees. International law requires that access to detainees be granted and information given whenever refugees and asylum-seekers are detained. Detention itself is no solution, in either the remedial or the preventive sense. It is symptomatic of a variety of real problems and needs covering the broad range of movements of people, and cannot be separated from causes or from the necessity to find appropriate durable solutions. Principles of international solidarity and burden-sharing may offer a basis for the improvement of the lot of refugees and asylum-seekers.     

Challenges in framing women's rights as human rights at the domestic level: A case study of NGOs in the post-Soviet countries

This case study examines framing as an essential communication strategy used by women's rights NGOs at international and domestic levels. The article uses a theoretical framework of transnational advocacy networks, originally developed by political scientists Keck and Sikkink (1998), to demonstrate the importance of public relations’ efforts in political communication campaigns of women's rights NGOs around the world. Supported by the United Nations, these NGOs play an important role in democracy building and contribute to women's empowerment efforts. However, an examination of communication strategies used by these NGOs to help implement the Platform for Action—the UN-promoted agenda for women's empowerment—showed that the existing frame of women's rights as human rights may not be successful in all contexts. This study argues that at the domestic level the issue of women's rights needs to be presented in greater detail than the current human rights frame allows it to be.     

How manufacturing industries connect cities across the world: extending research on ‘multiple globalizations’

In this article, I concentrate on a macro‐level analysis of inter‐urban linkages in a ‘world city network’. Empirical research on the formation of a world city network has mostly concentrated on global service providers. Yet, globally operating manufacturing firms also choose distinct urban regions throughout the world as locational anchoring points. In this article, using social network analysis, I present the first global‐scale analysis of how manufacturing firms connected cities across the world (in 2010). To detect the differing ‘sectoral profiles’ and nodal centralities of cities functioning as geographical hubs of transnational production networks, it is necessary to analyse the network structure of distinct industrial subsectors within the global urban system. The data collected for analysis cover 120 top global firms from three manufacturing subsectors, of which two are analysed in more detail than the third. I then compare the nodal centralities of cities included in these subsectors' global networks with the GaWC research on the producer services sector that has been at the centre of previous analyses of the world city network. The comparison reveals the cities' differing positioning within ‘multiple globalizations’. The aim of the article is to extend research on world city networks.     

Vernacularization on the ground: local uses of global women's rights in Peru,China, India and the United States

The articles published in this special journal issue examine how global ideas about women's rights actually get used in four contexts – China, India, Peru and the United States. Our findings result from collaborative research conducted by teams in each country. We call the process of appropriation and local adoption of globally generated ideas and strategies vernacularization. In each country, vernacularization differed depending on the contents of the global women's rights packages at play, the work of vernacularizers and the different social positions they occupy, how human rights ideas are framed, the channels and technologies of transmission, and the local geographies of history and culture within which circulation and vernacularization take place. We find that vernacularization is a widespread practice that takes different forms in different kinds of organizations and in different cultural and historical contexts. Ongoing tensions between global and national rights ideas are quite common. Finally, our work brings to light two dilemmas in the way human rights are appropriated and used – a resonance dilemma and an advocacy dilemma – both arising from the disparity between human rights as law and human rights as a social movement.     

Transnational social movements and changing organizational fields in the late twentieth and early twenty‐first centuries

Recent decades have seen dramatic changes in the global political arena, including shifts in geopolitical arrangements, increases in popular mobilization and contestation over the direction of globalization, and efforts by elites to channel or curb popular opposition. We explore how these factors affect changes in global politics. Organizational populations are shaped by ongoing interactions among civil‐society, corporate and governmental actors operating at multiple levels. During the 1990s and 2000s, corporate and government actors promoted the ‘neoliberalization of civil society’ and the appropriation of movement concepts and practices to support elite interests. Not all movement actors have been passive witnesses to this process: they have engaged in intense internal debates, and they have adapted their organizational strategies to advance social transformation. This article draws from quantitative research on the population of transnational social movement organizations (TSMOs) and on qualitative research on contemporary transnational activism to describe changes in transnational organizing at a time of growing contention in world politics. We show how interactions among global actors have shaped new, hybrid organizational forms and spaces that include actors other than states in influential roles.     

Governing the transnational organic cotton network from Benin

In this article, we attempt to conceptualize the historical development and the governance structure of the transnational organic cotton network from Benin. We aim to discover how the organic cotton production‐consumption network is governed locally and internationally. Existing bodies of literature on international agricultural production networks, in particular the Global Value Chains (GVC) perspective, focus on economic dimensions, but find it difficult to incorporate the sustainability dimension. We favour widening the concept of GVCs beyond economics by acknowledging and including environmental rationalities and the representatives of their interests, not as external elements, but rather as co‐governing or co‐structuring factors (or actors) of sustainable value chains. Our findings reveal that beyond the traditional producer versus buyer dualism, intermediate stakeholders, namely transnational and local environmental NGO networks, are instrumental in the construction, maintenance and transformation of the organic cotton network. It is also apparent that farmers' leaders play an important role in mediating and (re)building trust among organic farmers, though they exert insufficient vertical power in the organic cotton network to control it.     

Making connections between global production networks for used goods and the realm of production: a case study on e‐waste governance

Recent scholarship on waste within economic geography and global production network (GPN) studies has identified several unique characteristics of networks for used goods vis‐à‐vis ‘traditional’ GPN studies focused on production, exchange and consumption. However, in un‐bracketing GPNs to include analysis of post‐consumption activity, identifying how the distinct moments of production, exchange, consumption and disposal/recycling are related becomes a crucial task. Towards this end, I present a case study on the governance of e‐waste networks that draws upon discussions of performativity and Hudson's cultural political economy approach to GPNs. In my analysis, I demonstrate how multiple factors, such as ideological differences over how to handle e‐waste, the non‐standardized nature of used goods, as well as production factors such as design choices and planned obsolescence, all shape and disrupt efforts to standardize and coordinate resource recovery and hazard mitigation in the post‐consumption phase of electronic goods. Such analysis moves past the novelty of GPNs for used goods toward a more integrated understanding of GPNs as a whole.     

Transnational political action and ‘global civil society’ in practice: the case of Oxfam

The term ‘global civil society’ has taken on increasing significance within scholarly debate over the past decade. In this article we seek to understand transnational political agency via the study of a particular transnational actor, Oxfam. We argue that various schools of thought surrounding the global civil society concept, in particular the prevailing liberal‐cosmopolitan approach, are unable to conceptualize transnational political action in practice – due largely, in the case of liberal‐cosmopolitanism, to a shared normative agenda. We also assess what contribution literature on development and civil society has made to the analysis of groups such as Oxfam. In investigating Oxfam's own perceptions of its context and the meanings of its agency, we discover an anti‐political perspective derived from an encounter between Oxfam's longstanding commitment to liberal internationalism and globalization discourse. Existing scholarship has insufficiently identified the local or parochial nature of the identities of global civil society actors.     

Understanding the geographical development of social movements: a web‐link analysis of Slow Food

Slow Food (SF) is a global, grassroots movement aimed at enhancing and sustaining local food cultures and traditions worldwide. Since its establishment in the 1980s, Slow Food groups have emerged across the world and embedded in a wide range of different contexts. In this article, we explain how the movement, as a diverse whole, is being shaped by complex dynamics existing between grassroots flexibilities and emerging drives for movement coherence and harmonization. Unlike conventional studies on social movements, our approach helps one to understand transnational social movements as being simultaneously coherent and diverse bodies of collective action. Drawing on work in the fields of relational geography, assemblage theory and webometric research, we develop an analytical strategy that navigates and maps the entire Slow Food movement by exploring its ‘double articulation’ between the material‐connective and ideational‐expressive. Focusing on representations of this connectivity and articulation on the internet, we combine methodologies of computation research (webometrics) with more qualitative forms of (web) discourse analysis to achieve this. Our results point to the significance of particular networks and nodal points that support such double movements, each presenting core logistical channels of the movement's operations as well as points of relay of new ideas and practices. A network‐based analysis of ‘double articulation’ thus shows how the co‐evolution of ideas and material practices cascades into major trends without having to rely on a ‘grand', singular explanation of a movement's development.     

‘Brain circulation’ and transnational knowledge networks: studying long‐term effects of academic mobility to Germany, 1954–2000

‘Brain circulation’ has become a buzzword for describing the increasingly networked character of highly skilled migration. In this article, the concept is linked to academics' work on circular mobility to explore the long‐term effects of their research stays in Germany during the second half of the twentieth century. Based on original survey data on more than 1800 former visiting academics from 93 countries, it is argued that this type of brain circulation launched a cumulative process of subsequent academic mobility and collaboration that contributed significantly to the reintegration of Germany into the international scientific community after the Second World War and enabled the country's rise to the most important source for international co‐authors of US scientists and engineers in the twenty‐first century. In this article I discuss regional and disciplinary specificities in the formation of transnational knowledge networks through circulating academics and suggest that the long‐term effects can be fruitfully conceptualized as accumulation processes in ‘centres of calculation’.