International Law Commons^™

Cooperation In The International System: An Interdisciplinary Investigation At The Intersection Of International Relations And International Law, Kalyani Unkule

Maurer Theses and Dissertations

A conversation between the disciplines of International Relations and International Law illuminates the nature of interstate cooperation and enhances our understanding of the nature and potential of international law. There are methodological and practical asymmetries between International Relations and International Law which create ideal conditions for interdisciplinary work. Studying international cooperation on protecting cultural heritage enable us to address the above questions and reevaluate and extend underlying theoretical frameworks.

Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds …

The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha

Indiana Journal of Constitutional Design

The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …

Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer

Indiana Journal of Global Legal Studies

The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …

Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi

Indiana Journal of Global Legal Studies

This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.

Statehood, Power, And The New Face Of Consent, Sheldon Leader

Indiana Journal of Global Legal Studies

Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …

Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz

Indiana Journal of Global Legal Studies

At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …

The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur

Maurer Theses and Dissertations

Most scholars agree that modern states share several defining characteristics: a population, territory, government, and the capacity to enter into international relations. More recently, this list has expanded to include the criteria of democracy, the rule of law, and the protection of human rights. These traditional and contemporary criteria for statehood are likewise essential for settling the status of de facto states, entities that seek international recognition yet are rebuffed by the world community.

By examining the criteria for international recognition from the perspective of constitutional law, this dissertation reveals the existing but overlooked relationship between the recognition process and …

Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Good Governance In The Treaty-Making Process And Its Democratic Dilemma, Wanaporn Techagaisiyavanit

Maurer Theses and Dissertations

The emergence of Thailand’s treaty reform has not only brought change to its legal landscape, but also significant social, political and economic implications within the governing process. While it is political and social in the sense that the mechanisms introduced under Section 190 of the 2007 Constitution (treaty clause) are intended to secure greater accountability and transparency in the public administration through the increased involvements of the public and the institutional branches, the economic dimension derives from the fact that this provision directly deals with the scope of the executive’s authority in the conduct of international relations, trade and investment …

The Us Veto Over Palestine's Un Membership, Timothy W. Waters

Articles by Maurer Faculty

While the United Nations is in debate over Palestinians’ request for UN membership, the US has already announced their decision to veto. But the over two thirds of Americans who are neither Jewish nor Evangelical should consider saying yes. It may not solve every problem but it could increase the prospects for successful negotiations between Palestine and Israel.

Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte

Indiana Law Journal

No abstract provided.

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

In Memoriam: Abram Chayes (1922-2000), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

The "Corporate Will" Of The United Nations And The Rights Of The Minority, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

In Memoriam: Edward H. Buehrig (1910-1986), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

A Third World Strategy, Thomas Ehrlich, Catherine Gwin

Articles by Maurer Faculty

No abstract provided.

The Turkish Aid Ban: Review And Assessment, A. A. Fatouros

Articles by Maurer Faculty

In this article, A.A. Fatouros places the U.S. aid-embargo to Turkey in the context of jurisdiction (executive vs. legislative powers) rather than in the context of ideological differences between the two camps. If, as the writer claims, the final concessions to the executive branch by Congress had been predictable, could we conclude that the executive branch is on the road to recovery? And if that is the case, is the Congressional ratification of the recent agreement between Kissinger and Turkey a foregone conclusion? There is of course such a possibility. To avert it, the opponents of the aid and the …

China's Use Of International Law In Border Disputes: The Cases Of India And The Soviet Union, Larry R. Schreiter

IUSTITIA

Despite American "containment" in the fifties and sixties, China was nevertheless a major actor on the international scene. The loci of China's practice of international politics ranged from the Bandung Conference to its ideological foray into European politics following the Hungarian rebellion in 1956. Along with this activism in the international environment, China turned her attention in the late fifties to the question of gaining mutual agreements with her neighbors on the delineation and regulation of the boundaries. This concern brought about some marked changes in bilateral foreign policy, and required dealings of both an ideological as well as technical …

From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell

IUSTITIA

In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …

Communist Chinese Attitudes Toward United Nations Membership 1945-1971 An Essay, Victoria E. Docauer

IUSTITIA

Let us here examine the question of Communist Chinese representation in the United Nations in the context of a broader question: the attitude of Communist China toward international law. Was it only United States interference which kept Communist China out of the United Nations? What is the position of Communist China in regard to international law? Has the People's Republic been the lawless nation that it is sometimes described to be? In an attempt to provide questions, one must examine those arguments which emphasize the lawlessness of Communist China and seek to determine the attitude of the Communist Chinese toward …

Radical Perceptions Of International Law And Practice, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Book Review. World Legal Order -- Possible Contributions By The People Of The United States By W. Mcclure, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.