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To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein
To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein
Indiana Journal of Global Legal Studies
Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to contemporary problems of globalization. I distinguish the standard economic approach to public goods as a supposedly value-neutral technique to coordinate economic activity between states and markets from a political conception of human rights law that empowers individuals to partake in the definition of the public good. On this basis, I contend that framing global …
Visible Formalizations And Formally Invisible Facticities, Saskia Sassen
Visible Formalizations And Formally Invisible Facticities, Saskia Sassen
Indiana Journal of Global Legal Studies
This essay focuses on a range of formal and informal practices that I hypothesize as the making of new types of jurisdictions with variable relations to the traditional jurisdiction of the state over its territory. One effect is to contribute to an emergent misalignment between territory and territoriality. A second effect is to make structural holes in the tissue of national state sovereign territory. Both processes contribute new types of borderings inside national territory. The action is not on interstate borders, but in the interior of the state, which can mean an extension of one state into another's territorial jurisdiction …
National Jurisdiction And Global Business Networks (Earl A. Snyder Lecture In International Law), Hannah Buxbaum
National Jurisdiction And Global Business Networks (Earl A. Snyder Lecture In International Law), Hannah Buxbaum
Indiana Journal of Global Legal Studies
Earl A. Snyder Lecture in International Law, November 1, 2007, Lauterpacht Centre for International Research, University of Cambridge.
Constitutionalism, Legal Pluralism, And International Regimes, Alec Stone Sweet
Constitutionalism, Legal Pluralism, And International Regimes, Alec Stone Sweet
Indiana Journal of Global Legal Studies
The international legal order, although pluralist in structure, is in the process of being constitutionalized. This article supports this claim in several different ways. In the Part L I argue that most accepted understandings of "constitution" would readily apply to at least some international regimes. In Part II,I discuss different notions of "constitutional pluralism," and demonstrate that legal pluralism is not necessarily antithetical to constitutionalism. In fact, one finds a great deal of constitutional pluralism within national legal orders in Europe. Part III puts forward an argument that the European Court of Justice, the European Court of Human Rights, and …
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Indiana Journal of Global Legal Studies
No abstract provided.
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Indiana Journal of Global Legal Studies
No abstract provided.