Burma’s Boomerang: Human Rights, Social Movements and Transnational Legal Mechanisms ‘from Below'

S-CAR Journal Article
John G. Dale
John G. Dale
+ More
Burma’s Boomerang: Human Rights, Social Movements and Transnational Legal Mechanisms ‘from Below'
Authors: John G. Dale
Published Date: April 24, 2008
Volume: 45
Issue: 1
Pages: 151-184
Date: April 24, 2008
URL:
Abstract

This article argues that bringing a transnational perspective of justice to national legal systems is a central dynamic of globalization that potentially provides resources for defending and advancing human rights from below. It explains how social movements create and appropriate legal mechanisms for generating new transnational political opportunities. It presents three campaigns waged by the Free Burma Movement, each of which highlights a different dimension - legislative, administrative, and judicial - of the processes through which rules and institutional arrangements are produced to enable and constrain global markets, to illustrate how they become embedded in politics, law, and morality. It is through these legislative, administrative, and judicial dimensions of state action, and at multiple spatial levels of state action (municipal, regional, and federal) that the United States exercises pressure - transnational, as opposed to international, pressure - on the transnational corporations that buttress the power of the Burmese (Myanmar) Government. The final section of this paper challenges Keck and Sikkink's "boomerang pattern" of international pressure that states exert on other "blocking" states (sometimes mediated through intergovernmental organizations), suggesting that it provides insufficient conceptual space for examining interactions between markets and society. Corporations and market relations do not appear in Keck and Sikkink's conceptual model of how transnational social movements or transnational advocacy networks exert pressure for changing the human rights conditions that motivated their action. Yet, as we see in the case of the Free Burma movement, the trade relations between states and transnational corporations constitute a different kind of target that requires a different kind of pressure for affecting social change than that presumed by Keck and Sikkink's model.

S-CAR.GMU.EDU | Copyright © 2017