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International law on children’s rights, in important ways, usurps state authority over the ideology of childhood, establishing complicated and exacting standards that all states should adopt. The international community’s enshrinement of children as rights-holders and consolidation of power over the boundaries and standards of childhood mirrors international consolidation of authority over human rights in general after World War II, as the international community increasingly became the arbiter of acceptable treatment of citizens by states. In this paper, I argue that a globalized model of childhood that emerged after World War II was important to the development of the international system, serving to consolidate power and legitimize international institutions and order. I further examine the growth of this globalized model of childhood, one codified today in international law and developed primarily in Europe and the United States in the late 19th and early 20th centuries and diffused from these points of origin throughout the world. The paper uses the development of domestic and international law forbidding the death penalty for child offenders as a point of entry into the study of childhood, children’s rights and the international system. It investigates the mechanisms of diffusion for the norm against the child death penalty and identifies three principal mechanisms of norm diffusion based on the findings of case studies and their types of law; colonial influence; temporal period of abolition; and participation in international legal regimes and institutions. [ABSTRACT FROM PUBLISHER]

At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century's end. This paper suggests that the United States' loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in the international system had ended the practice: the politics of American federalism and a system of racial subordination that excluded some juvenile offenders from the umbrella of child protection measures, a conclusion suggesting that racial prejudice has interfered with U.S. compliance with international norms of child welfare and juvenile justice. [ABSTRACT FROM AUTHOR]