Communicative Entrepreneurs: The Case of the Inter-American Court of Human Rights’ Dialogue with National Judges

González-Ocantos, Ezequiel

doi:10.1093/isq/sqy040

Cited by 27 publications

(5 citation statements)

References 41 publications

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“…Yet the literature on norm diffusion seems to favour these strategies (Keck and Sikkink 1999; Park 2005; Bob 2012; Hadden and Jasny 2017), both reflecting and reinforcing advocates’ preferred strategies. In contrast, recent theoretical developments, notably the concept of communicative entrepreneurs (Gonzalez Ocantos 2018), emphasise the effectiveness of open-ended dialogue in the promotion of new norms. Horizontal mechanisms of norm change such as this are arguably better suited to generate consensus and compromise over the meaning and validity of norms than vertical mechanisms.…”

Section: Dynamic Norm Internalisationmentioning

confidence: 98%

Norm internalisation revisited: Norm contestation and the life of norms at the extreme of the norm cascade

Iommi

2019

Glob. Con.

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Abstract:Finnemore and Sikkink’s norms life cycle model (NLCM) is a powerful heuristic device that continues to be a mandatory point of reference for theoretical and empirical scholarship on norm change. Yet the internalisation stage as conceptualised in the NLCM is problematic. Drawing from Wiener’s Theory of Contestation, this article proposes to reconceptualise the norm internalisation stage as the phase at the extreme of the norm cascade in which inherently contested norms simultaneously enjoy formal validity, social recognition, and cultural validation among stakeholders. Unlike Finnemore and Sikkink’s, this conceptualisation focuses solely on norm validity and does not assume ‘almost automatic’ compliance. While Finnemore and Sikkink emphasise habit and institutionalisation as mechanisms of internalisation, the proposed conceptualisation highlights the role of applicatory contestation under conditions of high contestedness. Furthermore, I argue that internalised norms continue to be contested. Finally, my conceptualisation explicitly incorporates norm regression as the fourth stage of the NLCM. Norms might regress because they become obsolete, they change, or they are replaced. To assess the descriptive power of the proposed conceptualisation vis-à-vis Finnemore and Sikkink’s, the article applies them to the analysis of the norm that prohibits torture.

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Section: Dynamic Norm Internalisationmentioning

confidence: 98%

Norm internalisation revisited: Norm contestation and the life of norms at the extreme of the norm cascade

Iommi

2019

Glob. Con.

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“…One example is Justice Cossio, who joined the Mexican Supreme Court in 2003 and who completed a PhD in Spain and advocated a modern approach to law. 152 Judge Petracchi has played a similar role in Argentina since he became a judge in the Supreme Court in 2004. 153 EU law studies likewise found that some judges engage with EU law to contribute personally to the development of EU law and, hence, become more visible at the European level.…”

Section: Judges' Interests and Preferencesmentioning

confidence: 99%

“…Such direct contact and networking helped in generating trust, goodwill and legitimacy among national judges and, hence, an increased engagement with the judgments of the IACtHR in some Latin American states. 196…”

Section: Identity Of Judgesmentioning

confidence: 99%

Domestic Gatekeepers or International Enforcers? National Courts’ Engagement with Decisions of International Human Rights Courts and Treaty Bodies

Krommendijk

2022

SSRN Journal

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“…To balance structure and agency in explaining tactical choices, scholars across these camps have noted the importance of norm or policy entrepreneurs. Well‐placed and creative individuals can help recognize political opportunities, mobilize resources, broker transnational cooperation, innovatively combine tactics, frame issues, or “nudge” jurisprudence in new directions (González‐Ocantos ). Interacting with civil society groups, they can influence tactical choices.…”

Section: Explaining Tactical Choice: Cause Lawyering In the Context Omentioning

confidence: 99%

Cause Lawyering and Movement Tactics: Disability Rights Movements in South Korea and Japan

Arrington

Moon

2020

Law & Policy

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We investigate cause lawyers’ roles in movements for the domestic adoption of international human rights norms. Social movements scholarship often assumes that lawyers will divert activism toward institutional tactics, while the sociolegal studies literature emphasizes that lawyers are active in diverse ways across venues. A paired comparison of antidiscrimination movements in South Korea and Japan reveals how critical junctures in regime history shape the tactical repertoires that cause lawyers bring to their interactions with movement actors, and thus also movement tactics. This research advances scholarship on professionals in social movements, cause lawyers as norm entrepreneurs, and legal mobilization in East Asia.

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Communicative Entrepreneurs: The Case of the Inter-American Court of Human Rights’ Dialogue with National Judges

Cited by 27 publications

References 41 publications

Norm internalisation revisited: Norm contestation and the life of norms at the extreme of the norm cascade

Norm internalisation revisited: Norm contestation and the life of norms at the extreme of the norm cascade

Domestic Gatekeepers or International Enforcers? National Courts’ Engagement with Decisions of International Human Rights Courts and Treaty Bodies

Cause Lawyering and Movement Tactics: Disability Rights Movements in South Korea and Japan

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