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Xenakis S., Cheliotis L.
example, are two moderately hard enforcement tools that can be used, respectively, by
and within the Council of Europe and its member states to punish non-compliance with
international and regional human rights standards. Such mechanisms are only used
comparatively rarely to punish non-compliance [4, 11], however, and their sparse usage
makes the breadth of the regime all the more perplexing.
So-called ‘constructivist’ approaches to power have nonetheless long argued that
influence in the international arena does not necessarily flow from material power alone
or, indeed, at all [12]. Constructivists rather contend that ideational attractiveness –
‘soft’, co-optive dimensions of power, in other words – play a far more important role
in state behaviour than is admitted by materialist accounts [13]. According to constructivists, international regimes are established by inter-state institutions and nongovernmental organisations alike, achieving compliance through socialisation, with
soft, social mechanisms of control spanning persuasion, assistance, monitoring, and
naming and shaming. Non-compliant states subjected to naming and shaming have
been more susceptible to experiencing psychological reactions of shame to the extent
that they have internalised the rules and values of the regime, on one hand, and have
regarded the allegations of violations as accurate and legitimate, on the other. As
Friman [12] details, however, shame is but one of several possible psychological
reactions to public exposure, and may not necessarily lead to compliance in any case.
It is clear, moreover, that for some states, actions such as ratifying human rights treaties
or attaining membership of human rights bodies have been entirely cynical, strategic
means to an end, whether that be membership of an institution coveted for its status and
influence in world politics [14], or deflecting attention and criticism from their own
abusive practices ([15, 16]).
One of the most influential constructivist accounts of varying compliance with the
international human rights regime, the five-stage ‘spiral model’ of Risse and Sikkink
[17], presents a thesis of incremental regime development in which human rights norms
and their implementation become embedded in state discourses, institutions and practices in contexts where normative as well as material international and domestic
pressures successfully interweave. In Risse and Sikkink’s model, international institutions and transnational networks are thus flagged as key drivers of state compliance
with human rights rules and norms. The significance of such pressures, it is suggested,
is evidenced from the growth of the international human rights regime from the mid1980s to the mid-1990s, a period which saw the coincidental expansion of the regime
across states home to very different institutional and political arrangements. The
importance of international factors in driving the development of the human rights
regime has been further supported by research suggesting that the very success of the
regime over that timeframe generated a ‘bandwagonning’ effect, which sustained and
increased its attractiveness [18].3
The credit given to international factors in accounts of national compliance with the
international human rights regime has itself been subject to growing critique, however
[11]. Longitudinal international comparative research has demonstrated the practice of
naming and shaming non-compliant states to be a largely ineffective strategy to
stimulate compliance [15], despite the fact that it may in some circumstances also
3
On the ideational appeal of the policies of powerful international actors, see further [19].