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Article 53 of the Vienna Convention of 1969 states that a treaty is considered invalid if it is in conflict with existing norms of jus cogens, and under Article 64 of the treaty becomes invalid if it conflicts with a norm youngest of the same nature. The case Nicaragua against the United States made clear that the notion of jus cogens is steadily entrenched in international law, however, is still necessary to determine accurately that power rates referred to in Articles 53 and 64 of the Vienna Convention. Jus cogens norms include more those norms relating to morality or natural law than with traditional positivist rates derived from State practice. In general, this includes making aggressive war, crimes against humanity, war crimes, sea piracy, genocide, apartheid, slavery, and torture.Jus cogens norms are norms of customary international law which are so important, it can not be changed through treaties. Under the Vienna Convention on the Law of Treaties, any treaty that is contrary to jus cogens norms is invalid. Jus cogens norms are not listed, there is no catalog , their determined by any authoritative body, but these rates come from judicial practices and political and social attitudes, which are not values static. Jus cogens norm of unconditional right international, accepted and recognized by the international community norm from which no deviation is permitted. Unlike the common law, which traditionally requires the consent and It lets change obligations between states through treaties, norms jus cogens can not be violated by any state "through treaties international or local regulations or special customary, or even through general rules of customary not have the same normative force.

Das Recht auf Gleichstellung ist ein Menschenrecht, das international völkerrechtlich vereinbart ist. Warum diese universelle Norm bislang vor allem in muslimischen Mehrheitsgesellschaften mit Reserviertheit betrachtet und in eigener Weise ausgelegt wird, zeigt dieser Artikel am Beispiel Malaysias.

The traditional conception of watertight compartmentalization between "domestic" and "international" policy issues is simply no longer realistic. The advent of globalization has fundamentally altered how we perceive of policy-making. as Sidney Tarrow put it, "[i]n today's world, we can no more draw a sharp line between domestic and international politics than we can understand national politics in the United states apart from its local roots" (Tarrow, 2005: 2). The rise of the international importance of the climate change issue is perhaps the most prominent example of the breakdown of the traditional local versus global policy distinction.

Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the "numbered treaties", signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is "taken up" by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both in policy and in practice, and Canadian courts should require consent as a "best practice" for industry and government.

Indigenous peoples regularly regard international law as a very important tool for the advancement of their political goals. This is most likely because in many nation-states their opportunities for influencing political development are rather limited. Even though international law seems to be an important means for indigenous peoples to advance their goals, these peoples should be aware of its inherent limitations. One such shortcoming is that international law seriously restricts indigenous peoples' opportunities to participate in the international law-making processes; that is treaty and customary law. The contention in this article is that the recent norm-making method of soft law provides indigenous peoples with a better opportunity for influential participation than is afforded them by traditional methods. If these peoples are to benefit from this opportunity, however, we must appreciate the revolutionary potential of the concept: a potential that is suffocated if the concept is understood only from the perspective of international law. A good example of indigenous peoples gaining a better standing in inter-govemmental co-operation is the Arctic Council, which based its work on the soft-law approach from the outset. There would seem to be good prospects for adopting the Arctic Council's approach in other regions of the world in order to improve indigenous peoples' international representational status.

Cowinner of the International Studies Association's Chadwick F. Alger Prize, Winner of the American Political Science Association's Comparative Democratization Section Best Book Award, and Cowinner of the Yale University MacMillan Center's Gustav Ranis International Book Prize. Why did election monitoring become an international norm? Why do "pseudo-democrats" (undemocratic leaders who present themselves as democratic) invite international observers, even when they are likely to be caught manipulating elections? Is election observation an effective tool of democracy promotion, or is it simply a way to legitimize electoral autocracies? This book uses cross-national data on election observations since 1960 and case studies of Armenia, Indonesia, Haiti, Peru, Togo, and Zimbabwe to explain international election monitoring with a new theory of international norms.

Why did election monitoring become an international norm? Why do pseudo-democrats—undemocratic leaders who present themselves as democratic—invite international observers, even when they are likely to be caught manipulating elections? Is election observation an effective tool of democracy promotion, or is it simply a way to legitimize electoral autocracies? In The Pseudo-Democrat's Dilemma, Susan D. Hyde explains international election monitoring with a new theory of international norm formation. Hyde argues that election observation was initiated by states seeking international support. International benefits tied to democracy give some governments an incentive to signal their commitment to democratization without having to give up power. Invitations to nonpartisan foreigners to monitor elections, and avoiding their criticism, became a widely recognized and imitated signal of a government's purported commitment to democratic elections. Hyde draws on cross-national data on the global spread of election observation between 1960 and 2006, detailed descriptions of the characteristics of countries that do and do not invite observers, and evidence of three ways that election monitoring is costly to pseudo-democrats: micro-level experimental tests from elections in Armenia and Indonesia showing that observers can deter election-day fraud and otherwise improve the quality of elections; illustrative cases demonstrating that international benefits are contingent on democracy in countries like Haiti, Peru, Togo, and Zimbabwe; and qualitative evidence documenting the escalating game of strategic manipulation among pseudo-democrats, international monitors, and pro-democracy forces.

This article analyses the reasons why Russia adopts foreign norms in the sphere of higher educa-tion, looking at how isomorphism, Transnational Advocacy Networks and the global market for education have brought about the country's integration in the global network of universities necessary. It investigates how Russia strives to adopt international and western educational norms by adhering to the Bologna process and launching pro-jects such as 5-100 to reinforce the competitiveness of its universities on the global stage, but remains concerned about security and national identity issues. These fears have resulted in the government prioritizing the adherence to formal criteria while preserving the historical content of its higher education, thus leading to a dichotomy between substance and structure. This mismatch between the organization of higher education and its content leads to an in-effective implementation of the international norms but also to significant disruptions in the existing system. At-tempts to levy the advantages of both systems have had opposite results. Indeed, the risks of sudden change are mul-tifold: the sudden "catch-up" mode leads to resistance and to a decline in the overall quality of education in those universities lacking the institutions to support the fast tempo of change. The authors outline the benefits of an in-cremental adaptation to the international higher education system and the need to adjust the international norms to local conditions, by building off the assets of the country's Soviet heritage. The benefits of involving Transnational Experience and Experience Networks in the implementation of international norms are also reviewed.

The governance of natural resource wealth is widely considered to constitute a key determinant in whether the extraction of natural resources proves to be a blessing or a curse. What is meant by governance can span a wide range of components, while the steps to achieving good governance remain subject to debate and uncertainty. In response to this challenge, a variety of international initiatives have emerged seeking to support those striving for better governance in their countries. These initiatives range across efforts to promote transparency, to codify successful historical experiences and effective policies; to help guide decision makers in their choices, and, in some cases, to provide external standards that countries can bind themselves to. These initiatives, such as the Extractives Industry Transparency Initiative, have seen some success in spreading and embedding governance norms, ranging across revenue transparency, contract disclosure, supply chain certification, creation of saving instruments such as resource funds and building institutions for checks and balances such as fiscal rules and accountability bodies. The paper provides a review of initiatives targeting governments as the key agents of change. We find a mixed picture of success, where uptake has been strong, for example in terms of the number of countries engaging with or signing onto normative frameworks. However, evidence for causal impact remains weak and sometimes limited to anecdotal cases. We offer some critical reflections on challenges faced and potential ways forward to build on the lessons and achievements of the past decade and a half.

A discussion of the interplay of different concepts of justice and reconciliation in United Nations peace operations in Timor Leste and in the Timorese political leadership. Drawing on research into norm diffusion and concepts of localization and norm contestation to understand how societies deal with their violent past under the auspices of international actors in UN peace operations, the analysis challenges the UN's functionalistic concept of transitional justice as a precondition to state- and nationbuilding in post-conflict societies. As the case of Timor Leste demonstrates, the Timorese leadership has been successful in promoting its own concept of justice and reconciliation, leading to a localized version of state- and nationbuilding that openly contests international approaches.

This article analyzes the effects of international connections on India's nuclear program; specifically, the use of international norms and resources by domestic actors to influence the Indian nuclear enclave. These actors are from the Indian executive (pressure from above) as well as civil society (pressure from below). India's self-presentation as a responsible state necessitates compliance with international norms, and concomitant restraints on the nuclear estate from 'above.' Environmentalists, local residents, and their transnational allies seek to make the nuclear complex more accountable, responsive, and transparent by using social media, civil society institutions, and cross-border links. The Indian case suggests that while studying the effects of international connections, analysts should open up the 'black box' of the state. Moreover, analysts must take into account that international connections can be resources for, and not merely restraints on, domestic actors. © 2013 The Korean Journal of International Studies.

Refugee protection decisions engage migrants' fundamental life, liberty, and security of the person interests. As a result, refugee protection claimants enjoy institutional and procedural rights under conventional international law. These include the right to a fair adjudication of their protection claims by an independent tribunal. To be independent, a tribunal must meet the formal guarantees of security of tenure, financial security, and administrative independence and must actually be independent, in appearance and practice, from the executive and legislature, particularly in the appointments process. Refugee protection decisions must be made by first instance adjudicative bodies that either fully comply with the requirements of tribunal independence or whose decisions are subject to subsequent review by a tribunal that meets these requirements and has sufficient jurisdiction over the merits of the dispute. The Canadian refugee protection system fails, in certain respects, to meet international standards of independence. The Canadian Immigration and Refugee Board's Refugee Protection Division enjoys statutory, objective badges of independence and appears to operate independently of the executive. However, the independence of Canadian officials engaged in eligibility determinations and in pre-removal risk assessments is very much in question because they have a closer relationship to executive law enforcement functions. ; Les décisions sur la protection des réfugiés ont un impact sur les intérêts fondamentaux des migrants ayant trait à leur vie, leur liberté et la sécurité de leur personne. Par conséquent, les demandeurs du statut de réfugié bénéfi cient de droits de nature institutionnelle ainsi que de droits procéduraux en droit international classique. Cela comprend le droit à une décision impartiale sur leurs demandes de protection par un tribunal indépendant. Pour être indépendant, un tribunal doit satisfaire aux garanties formelles d'inamovibilité, de sécurité fi nancière et d'indépendance ...

How do international norms travel, via statebuilding efforts, into post-conflict settings, and how do international and national actors interact in this process? These are the main questions addressed in this thesis. The empirical focus is the spreading and rooting of the norm of women's political rights in Cambodia and Timor-Leste, two countries in which international actors have played a significant role in statebuilding efforts. Although statebuilding has increasingly become a part of UN peacebuilding missions, we still lack a thorough understanding of how much, and in what ways, the international community can successfully promote change. This is important in view of the fact that the key to success ultimately depends on how the receiving community responds to the presence and efforts of international actors to promote new social norms. This study analyzes the interaction between international and national actors engaged in the promotion of women's political rights as part of the effort to advance democracy. Three institutional developments are examined in detail – electoral rules and regulations, the establishment of a national gender equality/women's machinery and the strengthening of the local government structure. The study uses a modified norm diffusion approach and makes two theoretical contributions to the literature. First, I place the norm diffusion process in a post-conflict context. Second, I add the concept of capability to function in order to conceptualize and study the internalization of the norm. The thesis is based on both an analysis of written material and semi-structured interviews. A total of 65 interviews were conducted during three research trips to each of the countries between 2007 and 2009. In general, the four empirical chapters reveal that the interaction between international and national actors has predominantly been characterized by international actors setting the agenda, with varying degrees of consultation and collaboration with national actors. While norm institutionalization has been rather high in both countries, norm inter­nalization lags behind. This is explained by discriminating ways of life and attitudes, lack of resources and time. Norm internalization is higher in Timor-Leste, in part because national actors have adapted the norm of women's political rights to fit the local setting, but also due to their openness to international influences. The empirical study underscores that international actors can push for change and norm adherence, but their efforts are not enough. In the end, national actors have to buy into the message that international actors try to convey. The strengths and weaknesses that have been uncovered in the Cambodian and Timorese case studies presented here should be carefully considered as international actors, led by the UN, embark upon future statebuilding missions around the globe.

The place of norms in international affairs is a subject long discussed, but the concerns persist even in the 21st century. Indeed, the turbulence in the world never ends but shifts. Once a region is seemingly enjoying stability and peace, others struggle to deal with instability and turbulence. The affected regions, when it degenerates into uncontrollable crises or unthinkable human rights abuse, require some interventions to reduce the casualties and save lives. Therefore, the need to intervene is not a bad thing, rather the inherent motivations and justifications for the course often is. Are humanitarian interventions really driven by norms or interest? The paper attempts to interrogate this simple but complex question using the post Gaddafi Libya as an example. The paper argues that the projection of norms as the motivation for modern humanitarian interventions are more palpable and a sideshow of the great powers. The paper relied heavily on desk review of secondary data.

Artikel ini bertujuan untuk menganalisis pendekatan aktivis-aktivis perempuan di Bali dalam mendifusikan norma global kesetaraan gender. Aktivitas mereka berhadapan dengan adat budaya Bali yang patriarki. Dengan menggunakan metode kualitatif berjenis fenomenologi, penelitian menggambarkan pengalaman aktivis perempuan di Bali dalam ruang transnasionalisme. Penelitian ini menemukan bahwa upaya untuk mendifusikan norma dari ranah global ke ranah domestik dan lokal, tidak terjadi secara linear. Ratifikasi Konvensi mengenai Penghapusan segala Bentuk Diskriminasi terhadap Perempuan oleh Pemerintah Indonesia pada tahun 1984, tidak berarti bahwa norma kesetaraan gender dapat menyebar dan terinternalisasi dalam masyarakat secara otomatis. Aktivis dalam gerakan perempuan memiliki peran yang penting dalam mempromosikan pentingnya hak-hak perempuan. Mereka melakukan adaptasi agar norma kesetaraan gender pada level global, mendapatkan penerimaan di segmen tertentu dari budaya Bali. Pilihan strategi dalam difusi norma oleh para aktivis perempuan di Bali adalah hasil interaksi antara identitas pemahaman mereka terhadap budaya lokal, interaksi dalam jaringan advokasi internasional serta penggunaan kesempatan politik baik yang berasal dari ranah internasional maupun domestik. Pengalaman berinteraksi langsung dengan aktivis gender di negara Barat menimbulkan gagasan kreatif untuk mengadopsi praktik perjuangan gender yang telah berhasil di luar negeri untuk diterapkan di level lokal.Kata-kata kunci: norma global, difusi, glokalisasi, gerakan gender, transnasionalismeThis article aims to analyze the approach of women activists in Bali in diffusing global norms of gender equality. Their activities deal with patriarchal Balinese cultural tradition. Using a qualitative method of phenomenology, the study describes the experiences of women activists in Bali in the space of transnationalism. This study finds that efforts to diffuse norms from the global to the domestic and local domains do not occur in a linear fashion. Ratification of the Convention on the Elimination of All Forms of Discrimination against Women by the Government of Indonesia in 1984 does not mean that gender equality norms can spread and be internalized in society automatically. Activists in the women's movement have an important role in promoting the importance of women's rights. They make adaptations so that the norms of gender equality at the global level gain acceptance in certain segments of Balinese culture. The strategy choices in the diffusion of norms by women activists in Bali are the result of the interaction between their identity and understanding of local culture, interaction in international advocacy networks and the use of political opportunities both from the international and domestic spheres. The experiences of interacting directly with gender activists in Western countries give rise to creative ideas to adopt the practice of gender movement that has been successful abroad to be applied at the local level.Keywords: global norms, diffusion, glocalization, gender movement, transnationalism