Appealing to Enlightened Self-Interest: The Impact of Occupation on Human Rights within Israel

Author(s):  
Edward (Edy) Kaufman
2004 ◽  
Vol 5 (5) ◽  
pp. 525-544 ◽  
Author(s):  
Ed Morgan

International law has come unstuck in time. It has gone to sleep stressing a normative future based on state “obligations owed towards all the other members of the international community,” and has awakened in a bygone world in which the state is “susceptible of no limitation not imposed by itself.” The opposing time zones seem now to exist in unison. Thus, for example, the European Court of Human Rights, in examining the impact of the Torture Convention, can split 9:8 on whether national self-interest trumps universal rules of cooperation, or the other way around. Likewise, England's House of Lords can opine in thePinochetcase that, as between a reinvigorated national jurisdiction and the developing concept of universal one, “international law is on the move.”


Asian Survey ◽  
2020 ◽  
Vol 60 (6) ◽  
pp. 1044-1071
Author(s):  
Vineeta Yadav

Political families are common across many countries in Asia, including Pakistan. Politicians from political families (PPFs) make decisions with the goal of maximizing the political prospects of the entire family, in contrast to non-PPFs, who maximize their individual political self-interest. This changes the impact they have on their country. Scholars find that the presence of PPFs is associated with significantly worse development and governance outcomes, including in Pakistan. However, we know much less about their impact on political outcomes. In this paper, we use original data from a 2018 systematic national survey of about 150 Pakistani politicians to investigate PPFs’ support for key democratic institutions and practices. We find that compared to non-PPFs, Pakistani PPFs are significantly more supportive of instrumentally useful institutions and practices such as free and fair elections, an independent judiciary, and a free media, but no different in their low level of support for human rights.


Author(s):  
Jaroslav Tir ◽  
Johannes Karreth

Civil wars are one of the most pressing problems facing the world. Common approaches such as mediation, intervention, and peacekeeping have produced some results in managing ongoing civil wars, but they fall short in preventing civil wars in the first place. This book argues for considering civil wars from a developmental perspective to identify steps to assure that nascent, low-level armed conflicts do not escalate to full-scale civil wars. We show that highly structured intergovernmental organizations (IGOs, e.g. the World Bank or IMF) are particularly well positioned to engage in civil war prevention. Such organizations have both an enduring self-interest in member-state peace and stability and potent (economic) tools to incentivize peaceful conflict resolution. The book advances the hypothesis that countries that belong to a larger number of highly structured IGOs face a significantly lower risk that emerging low-level armed conflicts on their territories will escalate to full-scale civil wars. Systematic analyses of over 260 low-level armed conflicts that have occurred around the globe since World War II provide consistent and robust support for this hypothesis. The impact of a greater number of memberships in highly structured IGOs is substantial, cutting the risk of escalation by over one-half. Case evidence from Indonesia’s East Timor conflict, Ivory Coast’s post-2010 election crisis, and from the early stages of the conflict in Syria in 2011 provide additional evidence that memberships in highly structured IGOs are indeed key to understanding why some low-level armed conflicts escalate to civil wars and others do not.


Author(s):  
Yogesh Tyagi

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.


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