The 1980s & 1990s saw a shift in major international trends toward enforcing international judicial procedures in an effort to hold individual political actors responsible for crimes against humanity. Further, the embrace of foreign judicial procedures resulted in a "justice cascade" that now applies to all political leaders guilty of past abuses of human rights. It is contended that this cascade of norms is the result of the efforts of a transnational justice advocacy network, comprising connected groups of activist lawyers. The justice cascade is spreading throughout Latin America & other countries, & it is predicted that foreign human rights trials will have an important domestic effect.

Constructivism is an approach to social analysis that deals with the role of human consciousness in social life. It asserts that human interaction is shaped primarily by ideational factors, not simply material ones; that the most important ideational factors are widely shared or “intersubjective” beliefs, which are not reducible to individuals; and that these shared beliefs construct the interests of purposive actors. In international relations, research in a constructivist mode has exploded over the past decade, creating new and potentially fruitful connections with long-standing interest in these issues in comparative politics. In this essay, we evaluate the empirical research program of constructivism in these two fields. We first lay out the basic tenets of constructivism and examine their implications for research methodology, concluding that constructivism's distinctiveness lies in its theoretical arguments, not in its empirical research strategies. The bulk of the essay explores specific constructivist literatures and debates in international relations and comparative politics.

Human rights practices have improved significantly throughout Latin America during the 1990s, but different degrees of legalization are not the main explanation for these changes. We examine state compliance with three primary norms of international human rights law: the prohibition against torture, the prohibition against disappearance, and the right to democratic governance. Although these norms vary in their degree of obligation, precision, and delegation, states have improved their practices in all three issue-areas. The least amount of change has occurred in the most highly legalized issue-area—the prohibition against torture. We argue that a broad regional norm shift—a “norms cascade”—has led to increased regional and international consensus with respect to an interconnected bundle of human rights norms, including the three discussed in this article. These norms are reinforced by diverse legal and political enforcement mechanisms that help to implement and ensure compliance with them.

Norms have never been absent from the study of international politics, but the sweeping “ideational turn” in the 1980s and 1990s brought them back as a central theoretical concern in the field. Much theorizing about norms has focused on how they create social structure, standards of appropriateness, and stability in international politics. Recent empirical research on norms, in contrast, has examined their role in creating political change, but change processes have been less well-theorized. We induce from this research a variety of theoretical arguments and testable hypotheses about the role of norms in political change. We argue that norms evolve in a three-stage “life cycle” of emergence, “norm cascades,” and internalization, and that each stage is governed by different motives, mechanisms, and behavioral logics. We also highlight the rational and strategic nature of many social construction processes and argue that theoretical progress will only be made by placing attention on the connections between norms and rationality rather than by opposing the two.

The WHO/UNICEF International Code of Marketing of Breast-milk Substitutes was passed by the 1981 World Health Assembly. Subsequent arrangements between the Nestle Corporation and its nongovernmental critics for the implementation of the code indicate what is possible within the normative framework of an emerging regime on investment and transnational corporations. In the baby food case the context was particularly positive. A high level of consensual knowledge, the successful strategies of nongovernmental organizations, the susceptibility of the involved industries to pressure, the brevity of deliberations, and the conducive atmosphere of the international organization setting all helped negotiators to develop a detailed code of marketing. Actions inside and outside the UN system combined to delegitimize commonly accepted practices, modify global marketing schemes, and alter national health care practices. In other issue-areas, however, such as pharmaceuticals, the same positive convergence of factors does not yet exist, and the achievement of equally precise codes will be more difficult.