Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Studying Japanese Law Because It's There, Tom Ginsburg
Studying Japanese Law Because It's There, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Eastphalia As A Return To Westphalia, Tom Ginsburg
Eastphalia As A Return To Westphalia, Tom Ginsburg
Tom Ginsburg
Prognosticators of the international scene have focused on two claims on which there is broad agreement: First, globalization is producing deep integration among nations, moving in the direction of quasi-constitutional global governance; and, second, Asia will significantly influence the world in decades to come. These two claims are in tension with each other. Asian countries have hardly been leaders in deep integration of the constitutionalist variety, though they have been effective participants in globalized markets. Projecting forward, one expects an Asia-dominated international law to emphasize traditional concerns of sovereignty, non-interference, and mutual cooperation rather than the constitutionalist vision of supranational …
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
Tom Ginsburg
No abstract provided.
International Delegation And State Disaggregation, Tom Ginsburg
International Delegation And State Disaggregation, Tom Ginsburg
Tom Ginsburg
Following Voigt and Salzberger (2002) this paper considers the tradeoff between international and domestic delegation devices, and argues that the two are largely complements rather than substitutes. It then explores the domestic separation of powers as an explanatory factor in understanding different levels of international delegation across states. It argues that the domestic separation of powers is a driving factor in propensity to delegate, and provides some empirical evidence in this regard. Federal states and those with bicameral legislatures are more likely to sign treaties and join international organizations. Presidential systems, however, are no more likely to do so than …