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Paper 3 Global · Sample · 12 marks
Examine the effectiveness of both the international courts and tribunals in protecting human rights.
Global Governance / Human Rights
Mark scheme: agreement
Candidates may demonstrate the following knowledge and understanding (AO1) of international courts and tribunals in regard to human rights protection: there are a number of international courts and tribunals that have been set up to prosecute individuals rather than states the International Criminal Tribunal for the former Yugoslavia (ICTY) was created in 1993 to prosecute for crimes against humanity and genocide committed in the Yugoslav wars the International Criminal Tribunal for Rwanda (ICTR) was established in 1994 the Sierra Leone Tribunal has also operated in prosecution of individuals the International Criminal Court (ICC) was established in 2002 and the European Court of Human Rights was established in 1959. Candidates may refer to the following analytical points (AO2) when examining the effectiveness of the two institutions in protecting human rights: effectiveness in promoting human rights can be judged through indictments and prosecutions and also through the deterrent effect, though this is harder to judge the ICTY has had a significant number of prosecutions, including high-profile cases against individuals like Milosovic, Mladic and Karadzic the ICTR has had notable successes include the conviction of former Prime Minister Kambanda the Sierra Leone Tribunal has successfully prosecuted the former Liberian president, Charles Taylor the ICC has seen a number of significant indictments but support for the institution ranges widely across the most significant states. AO1 (6 marks), AO2 (6 marks) This question requires candidates to draw on their knowledge and understanding of Global comparative theories and relevant core politics ideas (AO1) and this will be used by candidates to underpin their analysis (AO2). AO2 requires candidates to develop their answers showing analytical skills to address the question – such responses will be underpinned by their use of knowledge and understanding. Candidates may demonstrate the following knowledge and understanding (AO1) of the divisions in relation to human nature between realists and liberals: Realists believe that: human nature is fixed and fashioned by nature instinct, rather than reason, drives human beings and human beings are considered to be selfish and predisposed to aggressive acts the pursuit of power is primary. Liberals believe that: it is possible to be more optimistic about human nature human beings, like states, are capable of self-development conflict, and war in particular, will be a last resort when reason and argument has failed – this links to core ideas and principles of liberalism and rationalism. Candidates may refer to the following analytical points (AO2) to examine the divisions between realists and liberals: realists differ because they believe that humans desire personal gain and advancement, which will result in conflict realists believe that international cooperation is unlikely with states, reflecting human nature, pursuing the national interest, which inevitably leads to rivalry and conflict – links to conservatism and human imperfection (Hobbes) liberals believe there is a moral dimension to human nature, based on reason and an awareness of the value in treating others with respect liberals therefore will seek to resolve conflict through cooperation, discussion and negotiation – links to liberalism and developmental individualism consequently, liberals believe that international cooperation is likely, with states forging links with each other in a number of ways, which makes rivalry and conflict less likely. Candidates who refer to only one named theory cannot achieve beyond Level 1. Candidates who do not make any synoptic points cannot achieve beyond Level 3. homogenisation has become a hugely significant factor in society and seems an unstoppable trend in terms of how society is developing, with shared experiences across many cultural platforms (AO2), this, therefore, supports the idea of the huge impact that cultural globalisation can have and that there seems to be little that can be done to stop or minimise homogenisation (AO3) • media corporations have grown with a western dominance, which has supported homogenisation and monoculture, this trend seems to be growing rather than diminishing, with the world turning into a ‘global village’ (AO2), consequently it is a very dominant trend globally and may be considered even more important than cultural globalisation, as there seems to be little to stop the growth of huge global media corporations (AO3). Candidates may refer to the following analytical (AO2) and evaluative (AO3) points when reviewing the support for cultural globalisation: • liberals tend to argue that cultural globalisation has had dramatic and far-reaching impact on international politics because of its impact in developing of shared values and norms in areas such as human rights (AO2), this therefore proves that the traditional concept of state sovereignty is being weakened and that we are losing distinct national, and even regional, cultures (AO3) • cultural flattening may be associated with western values and the western economic model and therefore gives a reason for it being so attractive to nations, regions and individuals as it is perceived as successful and attractive (AO2), thus this is strong evidence that cultural globalisation will continue, as western dominance does not seem to be waning in the 21st century and therefore cultural globalisation will continue to have a significant effect in the future (AO3) Candidates may refer to the following analytical points (AO2) and evaluative (AO3) points when reviewing the other significant forms of globalisation: • homogenisation may have led to cultural backlash, ethnic nationalism, religious fundamentalism and opposition to a perceived US dominance. Also, non-western products are spreading globally (AO2), therefore this represents there is a resistance to homogenisation and that it may be stemmed or at least pushed back, there is hope that cultural globalisation may not be totally dominant and that it can be countered if there is a coordinated effort against it (AO3) • economic globalisation has impact as there is a view that a western dominance exists through emphasis on economic liberalism, and this has a clear stronghold on the thinking of many powerful countries that affects global issues (AO2), consequently, this may be considered the most significant form of globalisation as a driving force for other forms, as money is a highly significant factor in all countries and societies, and is ultimately more powerful than cultural elements, its power does not seem likely to diminish (AO3) • political globalisation may be seen as the most significant form of globalisation as it impacts on state sovereignty, with the creation of many new intergovernmental, and even supranational, institutions such as the EU and the ECJ (AO2), this, therefore, goes against cultural globalisation having the greatest impact as such institutions do have considerable power in shaping the global agenda and in impacting on state sovereignty, i.e. through cases such as the UK court case Factortame vs the ECJ (AO3) • there is evidence that all forms of globalisation are continuing to develop in terms of their impact, so it is hard to judge which has more impact. Also, the realist viewpoint that globalisation is insignificant in any form – therefore cultural is as insignificant as any other type (AO2), thus the backlash against cultural globalisation would suggest that other forms are more likely to have a greater significance. While there is resistance to cultural globalisation, political and economic globalisation seem to be far better received and are accepted almost universally (AO3). • Candidates may also evaluate that all forms of globalisation are so interlinked as to form a single process, with no dominant form of globalisation.
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