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Scholars, States, and Human Rights: A Comparison of Third World Approaches to International Law with Diverging State-Actors’ Stances in the UN Human Rights Council
Get PDFThis article investigates the similarities between different critiques towards the international human rights system from academia and state-actors. On the one hand, there are the critiques from scholars of the Third World Approaches to International Law (TWAIL) movement. On the other hand, there are critical points raised towards the international human rights system by China, Cuba, and Egypt in the reports from the first three cycles of their respective Universal Periodic Review (UPR) within the United Nations Human Rights Council (UNHRC). Through a literature review, the TWAIL critiques were first categorized and then worked into a framework of three basic pillars: the culture critique, the rhetoric critique, and the model critique. This framework was subsequently applied to the reports by way of a simplified Qualitative Content Analysis in order to extrapolate the similarities of the critiques from these two unlikely groups of actors.This article investigates the similarities between different critiques towards the international human rights system from academia and state-actors. On the one hand, there are the critiques from scholars of the Third World Approaches to International Law (TWAIL) movement. On the other hand, there are critical points raised towards the international human rights system by China, Cuba, and Egypt in the reports from the first three cycles of their respective Universal Periodic Review (UPR) within the United Nations Human Rights Council (UNHRC). Through a literature review, the TWAIL critiques were first categorized and then worked into a framework of three basic pillars: the culture critique, the rhetoric critique, and the model critique. This framework was subsequently applied to the reports by way of a simplified Qualitative Content Analysis in order to extrapolate the similarities of the critiques from these two unlikely groups of actors
Working Paper 39: Behavioural drivers of corruption facilitating illegal wildlife trade: Problem analysis and state of the field review
Get PDFThis Problem Analysis is a review of the efficacy and opportunities for using social norm and behaviour change (SNBC) approaches to combat illegal wildlife trade (IWT) and other natural resource-related corruption.
Behavioural science is a rich and expansive field that has received prominent coverage in recent years for the promise it offers as a foundational yet underutilised approach to achieving biodiversity conservation. Extensive literature shows how SNBC initiatives can help combat diverse corruption problems, although for those related to natural resource management the evidence for doing so is sparse.
This report synthesises the available information and suggests the next steps to redress this current lack of evidence. It seeks to:
Understand what SNBC approaches might or might not work in fighting corruption.
Identify entry points for designing SNBC interventions that can effectively reduce corruption related to IWT.
This Analysis has been produced in association with the Targeting Natural Resource Corruption (TNRC) project. The TNRC project is working to improve biodiversity outcomes by helping practitioners to address the threats posed by corruption to wildlife, fisheries and forests. TNRC harnesses existing knowledge, generates new evidence, and supports innovative policy and practice for more effective anti-corruption programming. Learn more at tnrcproject.org.
This publication is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents are the responsibility of the authors and do not necessarily reflect the views of USAID, the United States Government, or individual TNRC consortium members
Working Paper 42: From sanctions to confiscation while upholding the rule of law
Get PDFWritten in the light of Russia's war of aggression in Ukraine, the Working Paper explores whether it is justifiable to confiscate assets frozen under financial sanctions in order to redirect them to the victims of state aggression.
The paper first explores the concept of sanctions and financial sanctions (asset freezes) and what they mean in practice.
Using the example of Canada, which has introduced a legislative mechanism for this purpose, the paper analyses whether states should be able to confiscate sanctioned assets purely on the basis that they have been sanctioned.
It then looks at more established measures that states could adopt and apply to target sanctioned assets, including:
Traditional conviction based confiscation measures, including 'extended confiscation' mechanisms
Non-conviction based confiscation (forfeiture) measures
Unexplained wealth laws
The paper recommends ways to maximise the effectiveness of these alternative avenues for recovering assets, which are much less controversial and can arguably be applied without infringing on legal rights.
Opting for mechanisms that abide by established legal rights will not only significantly increase the chance of recovering assets without subsequent legal challenges. It will also ensure that the very reason for targeting the assets in the first place – namely to seek justice and compensation for acts of aggression – is not undermined through the erosion of the rule of law
