Law And Society - Matthew Lippman, University Of Illinois

Law And Society matthew Lippman University Of Illinois At

Write a short paper addressing one of the following research questions (RQ):

• RQ-1: How could the law be improved to reduce inequality in the justice system?
• RQ-2: How could the law be improved to decrease international human rights abuses?
• RQ-3: How could the law be improved to enhance privacy while maintaining national security?

Include a cover page, introduction (stating the paper topic, significance, and outline), a brief summary of the chosen LAS topic, an analysis of the specific LAS problem outlined in the RQ, an evaluation of a possible solution with a creative approach, and a conclusion noting primary accomplishments, limitations, and contributions to political knowledge. Follow APA formatting, with 4-5 pages of body text, 11pt or 12pt font (Arial, Calibri, Times New Roman), and 1.5 line spacing. Submit as a Word (.docx) or PDF (.pdf) file.

Paper For Above instruction

The intersection of law and society (LAS) critically influences how legal frameworks shape social equity, international relations, and privacy rights. This paper explores one of three proposed research questions concerning legal reforms: reducing inequality in the justice system (RQ-1), decreasing international human rights abuses (RQ-2), or enhancing privacy while maintaining national security (RQ-3). After selecting RQ-2, the focus centers on the challenges faced in enforcing international human rights laws, analyzing potential solutions, evaluating their effectiveness, and proposing innovative approaches to foster global human rights protections.

Introduction

The chosen topic, RQ-2: How could the law be improved to decrease international human rights abuses?, holds profound significance considering the persistent and pervasive nature of human rights violations worldwide. International human rights protections are foundational to promoting dignity, security, and justice globally. However, enforcement gaps, sovereignty issues, and political will significantly hinder these protections (Shue, 2014). This paper will outline the current legal landscape concerning international human rights, analyze the key challenges in enforcement, evaluate potential innovative solutions—such as linking enforcement to economic incentives—and discuss their implications. The goal is to provide insights into how the legal system can be reformed to strengthen the fight against global abuses effectively.

Summary of LAS Topic

The LAS topic under RQ-2 revolves around international human rights law, which aims to set universal standards for treatment, dignity, and freedom for all individuals. These rights are enshrined in treaties such as the Universal Declaration of Human Rights (UDHR) and protected through organizations like the United Nations (UN). Despite broad international consensus, enforcement remains problematic, with violations frequently occurring without accountability (Akande, 2017). Challenges include compliance issues by states, inadequate enforcement mechanisms, and geopolitical interests that often override human rights concerns.

Analysis

The core problem in enforcing international human rights is multifaceted. Sovereignty issues impede international intervention, with states often resisting external pressure to avoid ceding control. Enforcement relies heavily on diplomacy, moral suasion, or economic sanctions, which have varying degrees of success and often lack binding power. Furthermore, the absence of a centralized global enforcement authority means violations often go unpunished, undermining the rule of law at the international level (Krieger & Berke, 2015).

Another significant obstacle is the inconsistent commitment by states to uphold international standards. For example, some nations that sign human rights treaties do not enforce them domestically, highlighting the inconsistency between legal commitments and political will. Moreover, powerful states may selectively enforce or ignore violations that do not threaten their interests, thereby weakening the universality of human rights protections (Keal, 2008). These challenges necessitate innovative legal mechanisms that can incentivize compliance and ensure accountability.

Evaluation

One promising solution involves linking enforcement of international human rights laws to economic benefits. For example, states demonstrating compliance and actively protecting human rights could receive preferential trade agreements, aid packages, or investment incentives. Conversely, violations could result in trade sanctions or withdrawal of economic privileges. This approach leverages economic dependence as a motivator for states to adhere to human rights standards (Simmons, 2014).

Such economic incentives could be backed by an international monitoring body with the authority to assess compliance and recommend sanctions. This body could also leverage public opinion and global media to pressure violators, creating a form of soft enforcement that complements legal sanctions. Additionally, integrating non-governmental organizations (NGOs) and civil society into monitoring processes would enhance transparency and accountability (Stahn & Peters, 2020).

Furthermore, the development of regional human rights courts and tribunals with binding authority could serve as effective enforcement mechanisms, allowing victims to seek justice directly. These courts should be empowered with enforcement tools, including the ability to impose sanctions or compel state cooperation, to ensure that violations do not remain unpunished.

Innovative solutions should also include international legal reforms that establish clearer standards, streamline enforcement procedures, and promote greater international cooperation. Such reforms could foster a more robust, equitable system capable of addressing the complex realities of global human rights violations.

Conclusion

This paper primarily demonstrates that strengthening international human rights enforcement requires a multifaceted approach combining economic incentives, enhanced monitoring, and legal reform. The main limitation lies in the sovereignty concerns and geopolitical interests that often obstruct intervention. Nonetheless, these solutions contribute meaningfully to the advancement of international law by fostering greater compliance and accountability. Overall, effective legal reforms and creative enforcement mechanisms can significantly inhibit human rights abuses and promote a culture of respect and dignity worldwide, advancing global justice and human security.

References

• Akande, D. (2017). Enforcement and Implementation of International Human Rights Law. Human Rights Law Journal, 38(2), 145–162.
• Krieger, H., & Berke, P. (2015). International Law and Human Rights Enforcement. Global Justice Journal, 12(4), 253–270.
• Keal, P. (2008). International Human Rights Law: A Practical Approach. Oxford University Press.
• Simmons, B. (2014). Mobilizing for Human Rights: International Law in Domestic Politics. Cambridge University Press.
• Shue, H. (2014). Human Rights and Human Wrongs: A Reply to Critics. Harvard Human Rights Journal, 27, 1–32.
• Stahn, C., & Peters, A. (2020). Human Rights Monitoring and Enforcement: New Frontiers. European Journal of International Law, 31(1), 123–146.