The International Deployment of Shame, Second-Best Responses, and Norm Entrepreneurship: The Campaign to Ban Landmines and the Landmine Ban Treaty
![handle is hein.journals/ajicl20 and id is 577 raw text is: THE INTERNATIONAL DEPLOYMENT OF SHAME, SECOND-BEST
RESPONSES, AND NORM ENTREPRENEURSHIP: THE CAMPAIGN TO
BAN LANDMINES AND THE LANDMINE BAN TREATY
Lesley Wexler*
1. INTRODUCTION
The International Campaign to Ban Landmines' and the ensuing
Landmine Ban Treaty2 provide an interesting example of the successful
articulation, deepening, and expansion of international norms. First, in
simultaneously addressing governments, non-state actors, corporations, and civil
society, the International Campaign to Ban Landmines (ICBL)3 demonstrated the
potential of norm entrepreneurs to influence a broad audience through naming and
shaming.4 Second, in framing the landmine issue,5 the ICBL recognized the
importance of capturing universal norms when attempting to convince others of
the benefits of change. In order to effectively shame those who challenged a
strong norm against landmine use, the ICBL pursued a process outside traditional
international lawmaking forums.6 The ICBL and middle power states7 embraced a
* B.A. with Honors, 1998, University of Michigan; J.D. with Honors, 2002,
University of Chicago Law School. Admitted to Maryland Bar, 2002. Clerk for the
Honorable Thomas Reavley, United States Court of Appeals, 5th Circuit. Many thanks to
Professor Lisa Bernstein, Professor Jack Goldsmith, Professor Philip Hamburger, Professor
Cass Sunstein, the University of Chicago academic law panel, and innumerable friends for
assistance with drafts and revisions.
1. For the purposes of this article, the term landmines will refer only to anti-
personnel mines and not to anti-vehicle or anti-tank mines. Landmines or Anti-Personnel
Mines (APMs) are defined as a mine designed to be exploded by the presence, proximity
or contact of a person and that will incapacitate, injure or kill one or more persons.
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on Their Destruction, Sept. 18, 1997, art. 2, § 2, 36 I.LM. 1507
[hereinafter Ottawa Convention].
2. Id.
3. The International Campaign to Ban Landmines is a coalition of non-
governmental organizations and states devoted to the elimination of landmine use,
production, transfer, and stockpiles. See International Campaign to Ban Landmines, More
About the Campaign, available at http://www.icbl.orgiinfo/about.html (Apr. 2, 2002).
4. See infra, Part II.
5. See infra, Part II.A.
6. See infra, Part ll.B.
7. Middle power states are defined as those states with a tendency to pursue
multilateral solutions to international problems ... to embrace compromise positions in
international disputes ... and to embrace notions of 'good international citizenship' to
guide diplomacy. ANDREW F. COOPER ET AL., RELOCATING MIDDLE POWERS: AUSTRALIA
AND CANADA IN A CHANGING WORLD ORDER 19 (1993).](ViewImageLocal?handle=hein.journals/ajicl20&div=26&collection=&method=preview&ext=.png&size=3)
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