Dr. David GalbreathDr. David Galbreath

Lecturer in International RelationsLecturer in International RelationsOffice hoursOffice hours: Open Door: Open DoorF36 EWBF36 EWBd.galbreath@abdn.ac.ukd.galbreath@abdn.ac.uk

Research areasResearch areas: minority rights, : minority rights, societal security, European societal security, European organizations, post-Soviet securityorganizations, post-Soviet security

Legal and International Legal and International Foundations: The Global Foundations: The Global Human Rights Regime Human Rights Regime

Human Rights PI4553Human Rights PI4553

QuestionsQuestions

Does the international system have a Does the international system have a moral responsibility to intervene in cases moral responsibility to intervene in cases of human rights abuses?of human rights abuses?

How have international organizations How have international organizations attempted to protect human rights?attempted to protect human rights?

Can we de-politicize human rights Can we de-politicize human rights protection?protection?

Are international organizations effective at Are international organizations effective at protecting human rights?protecting human rights?

International Organisations and Human RightsInternational Organisations and Human Rights

Sudan, Darfur Region:Sudan, Darfur Region:

Circumstances-

•recent drought, dwindling resources

•historic ethnic competition between the Masalit/Fur and Arabs

•1999 clashes which saw Arabs killed

International Organisations and Human RightsInternational Organisations and Human Rights

Rwanda/Burundi (1994/1996-)Rwanda/Burundi (1994/1996-)

Circumstances-

•Historic tensions between Tutsi 14% and Hutu 85% (Rwanda)

•Assassination of presidents in crash

•Radical army exiled in Uganda

International Organisations and Human RightsInternational Organisations and Human Rights

Kosovo (1999-)Kosovo (1999-)

Circumstances-

•10 years of conflict in former Yugoslavia

•Serbian ultra-nationalist in power

•‘ethnically cleansing’ Kosovo by Yugoslav troops

International Organisations and Human RightsInternational Organisations and Human Rights

East Timor (1975-1999?)East Timor (1975-1999?)

Circumstances-

•1975 Indonesian invasion after Portugal leave

•Super Power politics

•Ethnic violence on eve of independence

International Human RightsInternational Human Rights

How has human rights been How has human rights been internationalised in the past? internationalised in the past?

• Eighteenth Century

• Nineteenth Century

• Twentieth Century

• Twenty-First Century

International Human RightsInternational Human Rights

Can we have universal norms for human Can we have universal norms for human rights?rights? Group rights vs. individual rightsGroup rights vs. individual rights Western vs. Eastern ideas of rightsWestern vs. Eastern ideas of rights British vs. Scandinavian ideas of rightsBritish vs. Scandinavian ideas of rights

International OrganizationsInternational Organizations

What roles for international organizations?What roles for international organizations? Norm makers?Norm makers? Norm keepers?Norm keepers? Norm socialisers?Norm socialisers?

Where do politics and interests come into Where do politics and interests come into the frame?the frame? Can we talk about norms without considering Can we talk about norms without considering

interests?interests?

International OrganizationsInternational Organizations

What types of IOs have an impact on What types of IOs have an impact on human rights?human rights? UN?UN? EU?EU? NATO?NATO? World Bank?World Bank?

International OrganizationsInternational Organizations

Can we talk about an international human Can we talk about an international human rights regime?rights regime?

What is a regime?What is a regime? Regime: Krasner (1982, 185) has defined Regime: Krasner (1982, 185) has defined

regimes as ‘principles, norms, rules regimes as ‘principles, norms, rules and decision-making procedures around and decision-making procedures around which actor expectations converge in a which actor expectations converge in a given issue-area.’ given issue-area.’

International OrganizationsInternational Organizations

Can we talk about an international human Can we talk about an international human rights regime?rights regime? Regime: Hasenclever, Mayer and Regime: Hasenclever, Mayer and

Rittberger argue that we can best see how Rittberger argue that we can best see how regimes work by looking at the different regimes work by looking at the different analytical approaches that concentrate on analytical approaches that concentrate on interestsinterests, , powerpower, and , and knowledgeknowledge. .

International OrganizationsInternational Organizations

Can we talk about an international human Can we talk about an international human rights regime?rights regime? Regime: Hasenclever, Mayer and Regime: Hasenclever, Mayer and

Rittberger argue that we can best see how Rittberger argue that we can best see how regimes work by looking at the different regimes work by looking at the different analytical approaches that concentrate on analytical approaches that concentrate on interestsinterests, , powerpower, and , and knowledgeknowledge. .

International RegimesInternational Regimes

Interest-Based Theories: Stein 1982Interest-Based Theories: Stein 1982 regimes are created when ‘…individualistic regimes are created when ‘…individualistic

self-interested calculation leads [states] self-interested calculation leads [states] to prefer joint decision making because to prefer joint decision making because independent self-interested behaviour can independent self-interested behaviour can result in undesirable or suboptimal outcomes.’result in undesirable or suboptimal outcomes.’

International RegimesInternational Regimes

Interest-Based Theories: Stein 1982Interest-Based Theories: Stein 1982 ‘‘the existence and non-existence of regimes the existence and non-existence of regimes

to deal with the given issues, indeed the very to deal with the given issues, indeed the very need to distinguish them by issue, can be need to distinguish them by issue, can be attributed to the existence of different attributed to the existence of different constellations of interests in different constellations of interests in different contexts.’ contexts.’

International RegimesInternational Regimes

Power approaches: Krasner 1982Power approaches: Krasner 1982 Power determines who can participate. Power determines who can participate. Power dictates rules and procedures. Power dictates rules and procedures. And finally, power changes the bargaining And finally, power changes the bargaining

leverage of states. leverage of states. • Regimes are ‘often essential mediators between Regimes are ‘often essential mediators between

the distribution of power and concomitant interests, the distribution of power and concomitant interests, on the one hand, and outcomes in the issue-area, on the one hand, and outcomes in the issue-area, on the other’ (Hasenclever, Mayer and Rittberger)on the other’ (Hasenclever, Mayer and Rittberger)

International RegimesInternational Regimes

Knowledge-based approach: Sebenius, Knowledge-based approach: Sebenius, 1992 1992 Sebenius (1992, 325) argues that Sebenius (1992, 325) argues that

an epistemic community is a “special kind of an epistemic community is a “special kind of de facto natural coalition of ‘believers’ whose de facto natural coalition of ‘believers’ whose main interest lies not in the material sphere, main interest lies not in the material sphere, but instead in fostering the adoption of the but instead in fostering the adoption of the community’s policy project.” community’s policy project.”

International RegimesInternational Regimes

Knowledge-based approach: three basic Knowledge-based approach: three basic assumptions assumptions First, constructivists argue that interests are First, constructivists argue that interests are

defined by the knowledge of the actors. defined by the knowledge of the actors. Second, complicated issues require expert Second, complicated issues require expert

knowledge. knowledge. Third, a knowledge-based approach argues Third, a knowledge-based approach argues

that states must come to an agreement on that states must come to an agreement on shared interests and thus shared knowledge shared interests and thus shared knowledge in the construction of the regime. in the construction of the regime.

International Human Rights RegimeInternational Human Rights Regime

The impact of the Second World WarThe impact of the Second World War Nuremburg TrialsNuremburg Trials

The impact of the Cold WarThe impact of the Cold War American political cultureAmerican political culture Stress on the individualStress on the individual

The impact of regional integrationThe impact of regional integration Integration, democracy, securityIntegration, democracy, security

International Human Rights RegimeInternational Human Rights Regime

If an international human rights regime If an international human rights regime exists, how do we know?exists, how do we know? InterestsInterests

• Whose interests manifested where?Whose interests manifested where? PowerPower

• Does it come down to power asymmetries?Does it come down to power asymmetries? KnowledgeKnowledge

• Norm transfer as learning?Norm transfer as learning?

Human Rights in FocusHuman Rights in Focus

Europe and Human RightsEurope and Human Rights Council of Europe - ECHRCouncil of Europe - ECHR European Union - ECJEuropean Union - ECJ Organization for Security and Cooperation in Organization for Security and Cooperation in

Europe – ODIHREurope – ODIHR

The role of enlargementThe role of enlargement

Is Europe different?Is Europe different?

Human Rights in FocusHuman Rights in Focus

United NationsUnited Nations ICJICJ Ad-Hoc TribunalsAd-Hoc Tribunals Security Council?Security Council? Other UN institutions (UNICEF, UNHCR)Other UN institutions (UNICEF, UNHCR)

Cold War legacies?Cold War legacies? Universalising Human Rights?Universalising Human Rights?

International Organizations and International Organizations and Human RightsHuman Rights

The problem with humanitarian The problem with humanitarian intervention: the restrictionist argumentintervention: the restrictionist argument

The need for humanitarian intervention: The need for humanitarian intervention: the interventionist argumentthe interventionist argument

Whose interests, whose power, and Whose interests, whose power, and whose knowledge?whose knowledge?

ConclusionConclusion

Does the international system have a moral Does the international system have a moral responsibility to intervene in cases of human responsibility to intervene in cases of human rights abuses?rights abuses?

How have international organizations attempted How have international organizations attempted to protect human rights?to protect human rights?

Is there an international human rights regime?Is there an international human rights regime? Can we de-politicize human rights protection?Can we de-politicize human rights protection? Are international organizations effective at Are international organizations effective at

protecting human rights?protecting human rights?