Incomplete Internalization and Compliance with Human Rights Law: A Reply to Ryan Goodman and Derek Jinks
Author(s) -
Roda Mushkat
Publication year - 2009
Publication title -
european journal of international law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.607
H-Index - 59
eISSN - 1464-3596
pISSN - 0938-5428
DOI - 10.1093/ejil/chp032
Subject(s) - internalization , compliance (psychology) , law , philosophy , sociology , political science , law and economics , psychology , medicine , social psychology , receptor
The conceptual framework which they have constructed for this purpose is grounded in the notion of acculturation, a well-established social process whose dynamics in the international legal context has been examined by the two authors in a multi-step fashion, featuring a progression from general model-building to elaborate responses to specifi c issues raised by critics. Their latest contribution on the subject falls predominantly into the latter category. It is entitled ‘ Incomplete Internationalization and Compliance with Human Rights Law ’ and has been recently published in the European Journal of International Law . 2 Goodman and Jinks differentiate between coercion-based and persuasion-based mechanisms for promoting adherence to social norms, including human rights law. The former entail pressure on recalcitrant actors to follow a desired/virtuous path and the latter connote resort to conviction in an effort to instil a belief in the intrinsic value of the relevant norms and their appropriateness. These parallel processes of social infl uence are observed in the international arena and are assumed to have
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