Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 23 of 23
Full-Text Articles in Law
The Cosmopolitan Turn In Constitutionalism: An Integrated Conception Of Public Law, Mattias Kumm
The Cosmopolitan Turn In Constitutionalism: An Integrated Conception Of Public Law, Mattias Kumm
Indiana Journal of Global Legal Studies
If the point of constitutionalism is to define the legal framework within which collective self-government can legitimately take place, constitutionalism has to take a cosmopolitan turn: it has to occupy itself with the global legitimacy conditions for the exercise of state sovereignty. Contrary to widely made implicit assumptions in constitutional theory and practice, constitutional legitimacy is not self-standing. Whether a national constitution and the political practices authorized by it are legitimate does not depend only on the appropriate democratic quality and rights-respecting nature of domestic legal practices. Instead, national constitutional legitimacy depends, in part, on how the national constitution is …
Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams
Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams
Indiana Journal of Global Legal Studies
This Article examines the role that the Burmese diaspora plays from afar in influencing reform inside the country. It offers a brief history of the crisis in Burma as background for identifying the various elements of the diaspora: those on the run from the military; those in camps for internally displaced persons and refugees; migrant workers; leaders of the democracy movement active on Burma's borders; asylees; and professional activists with influence on the international community. The different groups use the different strategies available to them. The leadership on the borders is helping to lead the democracy movement inside the country; …
Greenpeace, Social Media, And The Possibility Of Global Deliberation On The Environment, Michael Roose
Greenpeace, Social Media, And The Possibility Of Global Deliberation On The Environment, Michael Roose
Indiana Journal of Global Legal Studies
Greenpeace uses the developmental republican model of democratic
governance for setting organizational policy. This model does an excellent
job of forming members into effective leaders who are committed to the
organization and its mission. However, Greenpeace could more effectively
encourage the global community to become involved in environmental
activism and set more responsive policy by employing an Internet-based
deliberative democracy policy-setting process.
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Indiana Journal of Global Legal Studies
Customary law often includes gender discriminatory rules that violate women's rights under constitutional equality guarantees. Dialogic democracy theory offers valuable tools that can help a legal system both to protect customary law and to protect the equality of its women citizens. By focusing on the need for challenge and on the dialogue within the cultural community, the legal system can create incentives and conditions to support the capacity of women to shape the customary law of their own communities. This approach is necessary because legal rights for women, when imposed by the larger society, often result in backlash within minority …
When Common Interests Are Not Common: Why The Global Basic Structure Should Be Democratic, Andreas Føllesdal
When Common Interests Are Not Common: Why The Global Basic Structure Should Be Democratic, Andreas Føllesdal
Indiana Journal of Global Legal Studies
The global constitution-the fundamental international norms and structures that serve constitutional functions-should include mechanisms of democratic contestation and accountability. This central claim of global constitutionalism faces three objections extrapolated from arguments made by Andrew Moravcsik and Giandomenico Majone in debates about the democratic deficit of the European Union (EU): the global constitution only regulates issues of low salience for citizens; democratic control is explicitly counter to the self-binding system that international regulations aim to achieve; and the EU's track record suggests that democratic control at the international level may be unnecessary to ensure congruence between voters' preferences and actual regulations. …
Introduction: Democracy And The Transnational Private Sector, Christiana Ochoa
Introduction: Democracy And The Transnational Private Sector, Christiana Ochoa
Indiana Journal of Global Legal Studies
Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law-Bloomington, April 12-13, 2007
Bottom-Up Lawmaking: The Private Origins Of Transnational Law, Janet Koven Levit
Bottom-Up Lawmaking: The Private Origins Of Transnational Law, Janet Koven Levit
Indiana Journal of Global Legal Studies
This article introduces one way in which the private sector makes law- bottom-up transnational lawmaking. While this article explores one example in depth- the Berne Union's regulation of export credit insurance- it concludes that bottom-up lawmaking peppers our legal landscape in a profound and largely unacknowledged way. More specifically, this article discusses how the private sector engages in international lawmaking and contemplates the normative implications of privatized transnational lawmaking.
Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.
Global Panopticism: States, Corporations, And The Governance Effects Of Monitoring Regimes, Larry Catá Backer
Global Panopticism: States, Corporations, And The Governance Effects Of Monitoring Regimes, Larry Catá Backer
Indiana Journal of Global Legal Studies
Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive regulation or judicial decision, the techniques for enforcing regulation are substituting for regulation itself. This paper examines surveillance as a mechanism through which power is asserted and regulation effected in a world of shared public/private governance. For this purpose, understanding the nature of surveillance as a technique of governance, and as a substitute for governance itself, is a key element for understanding political …
Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine
Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine
Indiana Journal of Global Legal Studies
De-democratization and institutional corruption threaten equality among the expanding global market community. International treaties have been largely unsuccessful because they are designed to favor the more politically and economically advantaged players. In addition to meeting these challenges, there are many additional benefits to be gained from adopting the principles of the Fair Trade and Ethical Trading movements. Finally, international law has an obligation to integrate the principles of social and ethical trading movements to prevent the autonomous powers and transnational corporations from dominating the traditional, less powerful markets and so that welfare increases for all.
Democracy and the Transnational Private …
Reconstructing Contemporary Democracy, Jan Aart Scholte
Reconstructing Contemporary Democracy, Jan Aart Scholte
Indiana Journal of Global Legal Studies
Democratic practice varies historically, and transformations of the societal context require accompanying reconstructions of democracy if "rule by the people" is to remain meaningful. Contemporary society is witnessing particularly profound changes in underlying structures of space, governance, and identity. Fundamental reconsideration of democracy is therefore also needed. This article first develops a generic understanding of democracy; next elaborates on currently unfolding transformations of geography, regime, and community; and then develops a five-faceted reconstruction of democracy to meet these changed circumstances. This prescription entails: (1) reconceptualizing democracy, shifting away from obsolete assumptions of territorialists pace, statist regulation, and nationalist identity; (2) …
The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa
The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa
Indiana Journal of Global Legal Studies
While the traditional doctrinal formulation of customary international law (CIL) has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of individuals are increasingly becoming relevant to this process. It is thus useful to analyze individual participation based on the model of participatory democracy, and also in contrast to representative democracy. By doing so, the nuanced relationship between participatory law formation and democratic participation in lawmaking is brought into relief.I n light of larger modern trends within international law, the participation of individuals in law formation requires further examination …
Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia
Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman
Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Toward Global Democracy: Thoughts In Response To The Rising Tide Of Nation-To-Nation Interdependencies, Hassan El Menyawi
Toward Global Democracy: Thoughts In Response To The Rising Tide Of Nation-To-Nation Interdependencies, Hassan El Menyawi
Indiana Journal of Global Legal Studies
No abstract provided.
Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez
Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez
Indiana Journal of Global Legal Studies
No abstract provided.
Editor's Note: Globalization And Governance: The Prospects For Democracy Symposium, Alfred C. Aman
Editor's Note: Globalization And Governance: The Prospects For Democracy Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
The Participation Of States And Citizens In Global Governance, Saskia Sassen
The Participation Of States And Citizens In Global Governance, Saskia Sassen
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
The Emergence Of Democratic Participation In Global Governance, Steve Charnovitz
The Emergence Of Democratic Participation In Global Governance, Steve Charnovitz
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Globalization, Democracy, And The Need For A New Administrative Law, Alfred C. Aman
Globalization, Democracy, And The Need For A New Administrative Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Democracy In Global Environmental Governance: Issues, Interests, And Actors In The Mekong And The Rhine, Tun Myint
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Exercising Public Authority Beyond The State: Transnational Democracy And/Or Alternative Legitimation Strategies, Jost Delbruck
Exercising Public Authority Beyond The State: Transnational Democracy And/Or Alternative Legitimation Strategies, Jost Delbruck
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Reflections On The Mcrevolution: A Review Of Jihad Vs. Mcworld: How The Planet Is Both Falling Apart And Coming Together And What This Means For Democracy, By Benjamin R. Barber, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Democracy And Demography, Carol Greenhouse
Democracy And Demography, Carol Greenhouse
Indiana Journal of Global Legal Studies
No abstract provided.