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This chapter clarifies some key terms and situates the phenomenon of sharing international obligations within the current body of international legal doctrine. The conceptualization of shared obligations takes place in the context of the international law of obligations, and it is first discussed what is meant when reference is made to this body of law. The focus then turns to the concept of shared responsibility in international law, and some preliminary reflections are offered on how the concept of shared obligations contributes to the ongoing discussion on problems of shared responsibility in legal doctrine. It is then discussed how the idea of sharing international obligations has been recognized in international legal literature and proceedings before international courts, reflecting an (at times implicit) assumption that the sharing of international obligations has relevant legal implications. Nevertheless, the notion of shared obligations remains conceptually underdeveloped. Finally, it is set out how this lack of conceptualization of shared obligations is not a result of the notion’s irrelevance but may be explained – at least in part – by a few fundamental choices that have been made during the ILC’s project of codification and progressive development of the international law of obligations.
This chapter sets out to capture the practical phenomenon of sharing international obligations by developing a concept of shared obligations. In the stipulation of this concept, the chapter draws from and engages with various scenarios in practice that involve obligations incumbent on multiple states or international organizations, including those obligations that have been designated as ‘shared’, ‘joint’ or ‘collective’ in legal literature. By expanding on three elements that characterize a shared obligation, it is argued that the main characteristic that distinguishes obligations that are shared from obligations that are not shared is the existence of a connection between the bearers of an obligation in the performance of that obligation. It is this particular relationship between the bearers of a shared obligation that gives rise to questions regarding performance and international responsibility: who is bound to do what and, subsequently, who can be held responsible for what in case of a breach? All in all, qualifying a particular obligation as ‘shared’ brings such questions to the forefront, and thereby constitutes the first step towards addressing them.
The analysis in this chapter proceeds from the assumption that shared responsibility for a breach of a shared obligation has been established and focuses on the content of that responsibility. In the case that secondary obligations of reparation or cessation arise, what can be claimed from which responsible actor, and to what extent is this influenced by the fact that the underlying primary obligation is shared? And if injured parties wish to effectuate these secondary obligations through international adjudication, are there any obstacles to the claiming of cessation and reparation? It will ultimately be argued that conceiving of the content of shared responsibility as consisting of shared obligations incumbent on all responsible actors can help untangle which of the responsible states or international organizations is bound to do what in terms of cessation and reparation. In this context, the distinction between divisible and indivisible shared obligations has an important role to play. After all, determining whether responsible actors are each bound only to their own share of cessation or reparation or whether, alternatively, all of them become bound to achieve a common result has direct implications for what can be claimed from whom.
This article examines the interplay between transnational criminal actors (essentially human smugglers), local crime groups, and drug cartels in the phenomenon of trafficking in persons coming from Central America along Mexico’s eastern migration routes. The analysis focuses on sex trafficking, compelled labor for criminal activities, and other forms of labor trafficking. Through qualitative research that involved 336 semistructured interviews with migrants, activists, and other persons familiar with the subject, this work describes and maps trafficking trends throughout Mexico’s eastern migration routes. It also sheds light on the role of drug cartels and other crime groups (local and transnational) in these activities.
This paper investigates why some attempts at pacted transitions from non-democratic rule fail, while others succeed. It determines the composition of opposition organizations that enable pacting. The paper draws on a data set compiled by the author comparing forty-five attempts at negotiations. The qualitative comparative analysis shows that those negotiations that include the opposition with strong organizational capacity succeed and end up with democratization. This strong organizational power of the opposition can be drawn from trade unions or the Catholic Church participating in negotiations, even if the initial regime is personalistic.
The concept of environmental violence (EV) explains the harm that humanity is inflicting upon itself through our pollution emissions. This book argues that EV is present, active, and expanding at alarming rates in the contemporary human niche and in the Earth system. It explains how EV is produced and facilitated by the same inequalities that it creates and reinforces, and suggests that the causes can be attributed to a relatively small portion of the human population and to a fairly circumscribed set of behaviours. While the causes of EV are complex, the author makes this complexity manageable to ensure interventions are more readily discernible. The EV-model developed is both a theoretical concept and an analytical tool, substantiated with rigorous social and environmental scientific evidence, and designed with the intention to help disrupt the cycle of violence with effective policies and real change.
This article examines the discursive construction of male disability in Los informantes, a national Colombian TV show. By combining critical discourse analysis, multimodal discourse analysis, and queer linguistics with (critical) disability studies and crip theory, it examines three TV reports that narrate the lives of a physically disabled Venezuelan migrant, a young Colombian with Down syndrome, and a physically disabled Colombian living in Great Britain. The analysis shows that Los informantes relies on inspirational and individualistic imagery that conceals the role of the neoliberal state in debilitating the lives of these men. By using a set of linguistic, visual, and discursive strategies (the supercrip figure, narrative prosthesis, and inclusionist profitability, among others), the reports mask the social and political aspects of disability. This study contributes to understanding the intersection between language, dis/ability, sexuality, and media in Latin America and questions dominant discursive constructions on disability.
This paper explores the potential of elections to change our emotions and modify the relevance that voters assign to self-interest and group-identity issues. We examine this question by analyzing the 1998–2016 period of the Catalan and Basque regional elections. The analysis exploits that Basques pushed to leave Spain in the early 2000s, and Catalans pursued independence about fifteen years later. When the separatist goal emerges, two issues gain relevance. First, there is a significant rise of identity politics, associated with the territory’s culture and language, to the detriment of other issues that traditionally explain vote choice, such as the left-right ideology, the degree of regional autonomy, or the economic discontent. Second, the territory becomes more divisive, big cities align against dominant separatist parties, and rural areas align with independentists. We conclude that material self-interests dilute and group-identity factors emerge to determine vote decisions in times of national dissolution.
El objetivo de este estudio es analizar hasta qué punto los cibermedios han permeado el ejercicio electoral latinoamericano. Los casos de estudio se centran en las campañas políticas presidenciales de los candidatos que disputaron las elecciones de Colombia y México en el 2018, bajo la perspectiva de la comunicación transmedia que permite la expansión de un relato a través de diversas plataformas. Asimismo, se propone de manera innovadora un modelo de sistemas intermediales transmedia como una propuesta metodológica de comunicación en escenarios electorales propios del contexto de la llamada cultura de convergencia mediática. La hipótesis de partida asume que lo transmedia no se hace todavía patente en los mensajes políticos y electorales. La metodología se centra en los casos de estudio de los principales candidatos y el análisis de contenido de sus webs y redes sociales (Twitter, Facebook y YouTube). El resultado evidencia cómo el discurso político usado por los candidatos migró a las plataformas digitales, pero mantuvo la tipología propia de los medios tradicionales, desconociendo aún las posibilidades que ofrece el transmedia storytelling para incentivar la participación activa de los posibles electores en la producción de contenidos para la campaña.
This article analyzes the US sociologist Donald Pierson’s views on the process of modernization as expressed in research he conducted while residing in Brazil from the 1930s to the 1950s. Looking first at his study on race relations in Bahia and then at his investigations of rural communities in the São Francisco Valley, it shows that Pierson’s exchange with local intellectuals was decisive to his readings of Brazil’s rural, patriarchal past and his understanding of the potential for building a modern social order out of these traditions. His perspective was also evident during the debate on the relation between racism and modernity in the context of the UNESCO Race Relations Project. This examination of Pierson’s work likewise signals how transnational dialogue between the Global North and South contributed to the sociological debate on modernization, and how US scholars ascribed more than one meaning to the modernizing changes underway in peripheral countries around the world.
There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.
Contrary to the presumption that relational accounts of International Relations are inherently normative, this chapter offers a radical empiricist account of relationalism to explain the complex processes of nuclear sovereignty in the United States. The chapter argues that the bias for methodological individualism in International Relations and Security Studies obscures the processes and systems that make the communication and control of thousands of nuclear weapons possible. Rather than a sovereign presidential command enacting nuclear decisions, the chapter argues that the vast assemblage of informatic networks, satellites, coded exchanges, preplanned scenarios, and preexisting relations of enmity are the ecosystem which makes something that appears as sovereignty possible. To put it more simply, sovereignty is designed, built, and deployed, not delegated or ordained.
This chapter addresses the challenge of endogeneity, testing Master Hypothesis 4. Some critics of the grievance-based literature argue that endogeneity may undermine the link between exclusion and conflict, and by implication the opposite one linking inclusion to peace. Endogeneity derives from the fact that the governments' decisions to include or exclude could be motivated by the anticipation of conflict. We counter this threat to inference by articulating a causal pathway that explains ethnic groups' access to power independently of conflict. Focusing on postcolonial states, we exploit differences in colonial empires' strategies of rule to model which ethnic groups were represented in government at the time of independence. This identification strategy allows for estimating the exogenous effect of inclusiveness on conflict. We find strong and systematic evidence that - at least for the post-colonial world - inclusion in governmental power sharing systematically reduces the likelihood that ethnic groups become involved in ethnic civil war. Our instrumental-variable analysis confirms Master Hypothesis 4, because we have found that governments tend to co-opt potential rebels rather than excluding them.