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Articles 1 - 7 of 7
Full-Text Articles in Law
The Normative Legitimacy Of International Courts, Nienke Grossman
The Normative Legitimacy Of International Courts, Nienke Grossman
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This Article’s objective is to spark discussion about the standards by which we judge international courts. Traditional justifications for the authority of international courts are based on outmoded assumptions of their role and impact. State consent and procedural fairness to litigants are insufficient to ground the legitimacy of institutions that may adjudicate the international rights and duties of nonlitigants, deeply affect the interests of nonlitigating stakeholders, and shape the law prospectively. These realities mandate a new approach to the legitimacy of international courts. This Article presents alternative or additional approaches for justifying the authority of international courts rooted in both …
The Bavarian Case For Registering Guns, James Maxeiner
The Bavarian Case For Registering Guns, James Maxeiner
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No abstract provided.
International Decisions: Territorial And Maritime Dispute (Nicaragua V. Colombia), Nienke Grossman
International Decisions: Territorial And Maritime Dispute (Nicaragua V. Colombia), Nienke Grossman
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No abstract provided.
Why Women's Leadership Is The Cause Of Our Time, Rangita De Silva De Alwis
Why Women's Leadership Is The Cause Of Our Time, Rangita De Silva De Alwis
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Women continue to be underrepresented in leadership positions throughout the world. Yet, studies show that the exclusion of women from politics and public service negatively impacts the public good. Identifying women's leadership as the economic and moral imperative of our time, this Article explores the way in which greater representation of women in leadership positions yields beneficial results for both women and men, as well as social and economic progress. By examining the reasons for the substantial barriers women face in obtaining such positions, including the masculinization of politics, gendered caregiving responsibilities, and gender violence, this Article concludes that unless …
Treaty Options: Towards A Behavioral Understanding Of Treaty Design, Jean Galbraith
Treaty Options: Towards A Behavioral Understanding Of Treaty Design, Jean Galbraith
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Rational choice theory is the dominant paradigm through which scholars of international law and international relations approach treaty design. In this Article, I suggest a different approach using a combination of empirical observations of state behavior and theoretical insights from behavioral economics. I focus on one aspect of multilateral treaty design: namely, treaty reservations and associated legal mechanisms which allow states to vary the degree of their formal commitments to treaties. I call these mechanisms “treaty options.” I argue that the framing of treaty options matters powerfully — and does so in ways inconsistent with rational choice theory, but consistent …
International Law And The Domestic Separation Of Powers, Jean Galbraith
International Law And The Domestic Separation Of Powers, Jean Galbraith
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No abstract provided.
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Zachary Elkins, Tom Ginsburg, Beth A. Simmons
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Zachary Elkins, Tom Ginsburg, Beth A. Simmons
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This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not …