International Law Commons^™

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.

The Unconvincing Case Against Private Prisons, Malcolm M. Feeley

Indiana Law Journal

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled …

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 …

Unpopular Constitutionalism, Mila Versteeg

Indiana Law Journal

Constitutions are commonly thought to express nations’ highest values. They are often proclaimed in the name of “We the People” and are regarded—by scholars and the general public alike—as an expression of the people’s views and values. This Article shows empirically that this widely held image of constitutions does not correspond with the reality of constitution making around the world. The Article contrasts the constitutional-rights choices of ninety countries between 1981 and 2010 with data from nearly one-half million survey responses on cultural, religious, and social values conducted over the same period. It finds, surprisingly, that in this period, the …

Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz

Indiana Journal of Global Legal Studies

Global constitutionalization is a recent phenomenon that is decisively changing the character of the international order. This argument was put forward recently by scholars of international law and has gained significance in the institutional school of thought. However, the notion of "global constitutionalization" is often used imprecisely and has so far been largely neglected in the field of international relations. It still lacks a consistent and operational definition, which would enable political scientists and international relations scholars to conduct empirical research. This article explores a preliminary framework for the concept of global constitutionalization.

Global Constitutionalism – Process and Substance, Symposium. …

Epistemologies Of The South And Human Rights: Santos And The Quest For Global And Cognitive Justice, Jose-Manuel Barreto

Indiana Journal of Global Legal Studies

This article offers an introduction to Boaventura de Sousa Santos's general philosophical orientation, explores the concepts of "abyssal thinking" and "epistemologies of the South," and draws consequences for the theory of human rights, taking into consideration the idea of rewriting the history of rights in the context of colonialism and Santos's proposal of a post-abyssal conception of rights and intercultural dialogue. This piece ends with some considerations on the cultural and political conditions for advancing a new understanding of human rights.

Making The Client's Peace: "Privatizing" Peace? Global Law Firms Offering Pro Bono Services In Post-Conflict Settings, Cindy Daase

Indiana Journal of Global Legal Studies

Lawyers of global law firms have begun to take on complex pro bono representations for clients in peace and constitution-building settings. These lawyers, who often cooperate across different offices of a global law firm, are not acting based on an external mandate but pursuant to an attorney-client relationship. The client is the source of authority and the owner of the process; yet, global law firms that serve pro bono clients are also a form of profit-making transnational corporation. In their day-today business they represent the interests of paying clients. This article will discuss whether and how such constellations can lead …

Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania

Indiana Journal of Global Legal Studies

In the legal scholarship, the 'new governance' mode of governance advances an administrative arrangement where decision-making is shared amongst a range of actors, both public and private. The flexible, responsive, and collaborative governance orientation is intended to counter the ill effects of a coercive, top-down, state-centric, command-and-control approach to governance. Critics contend the new governance framework can displace the interests of local communities, disempower individuals, and dislodge basic human rights. The U.S. military has adopted such an adaptive approach in its own governance structure, which in this article is referred to as: the new governance "mentality." This mentality of governance …

Class Actions, Conflict And The Global Economy, Hannah L. Buxbaum

Indiana Journal of Global Legal Studies

This essay is a lightly edited and footnoted version of a lecture delivered in April 2011 (video below) to inaugurate the John E. Schiller Chair in Legal Ethics at the Indiana University Maurer School of Law. It was previously published in FESTSCHRIPT FOR ROLF STCTRNER ZUM 70. GEBURTSTAG 1443 (Bruns et al. eds., Mohr Siebeck 2013).

Making The Machine Work: Technocratic Engineering Of Rights For Domestic Workers At The International Labour Organization, Leila Kawar

Indiana Journal of Global Legal Studies

In September 2013, the International Labour Organization (ILO) Convention concerning decent work for domestic workers entered into force, thereby bringing domestic workers into the mainstream of labor law. This article explores how the interests of the ILO's constituents were shaken up and reconfigured to build support for new labor protections amidst the shifting global context of deregulation. I argue that technocratic devices-charts, questionnaires, and paragraph formatting-wielded by ILO insiders contributed to this development by creating epistemic space for this new category of employees to be recognized and for consensus to be secured on appropriate labor standards for this group. I …

The Corporation, New Governance, And The Power Of The Publicization Narrative, Fenner Stewart

Indiana Journal of Global Legal Studies

The Corporation, New Governance, and the Power of the Publicization Narrative" takes a critical look at the idea of publicization and how it plays out within new governance. Publicization is a vague, but powerful, notion that the delegation of public power to for-profit agents-what John Braithwaite calls the 'privatization of the public" - will lead to such agents exercising this power as idealized public servants-what Braithwaite calls the "publicization of the private." This article argues that publicization of the private is a dangerous metaphor, which offers a romanticized picture of functionally efficient, decentered actors acting with the integrity of public …

The Politics Of Law And The Laws Of Politics: The Political Paradoxes Of Transnational Constitutionalism, Pablo Holmes

Indiana Journal of Global Legal Studies

This essay addresses the ongoing debate on transnational constitutionalism and the theoretical assumptions related to the possibilities of internal politicization of transnational governance. After reconstructing the debate on the transnationalization of law and the emergence of fragmented forms of transnational governance, I engage with the description of emerging forms of constitutional law within the fragmented legal regimes of global governance. After doing that, I explore the assumption exposed by some legal scholars, which insists on the possibility of an internal politicization of legal discourse as a way to challenge the so-called "rule of experts" in transnational law. Drawing on the …

Changing Tides: Tax Haven Reform And The Changing Views Of Transnational Capital Flow Regulation And The Role Of States In A Globalized World, Jeffrey Kraft

Indiana Journal of Global Legal Studies

The transnational free flow of capital represents one of the core factors driving the globalization of the world since the beginning of the Bretton-Woods era. Under the "traditional" Neoliberal theory of globalization, this free flow of capital remains sacrosanct, an unstoppable force with which state actors cannot and should not interfere. However, the recent financial crisis has caused some to question this absolute faith in the benefits of unregulated transnational capital flows and to assert that the state still has a role to play in influencing the creation of international norms on capital. Tax haven regulation represents one area that …

A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang

Indiana Journal of Global Legal Studies

China, like most other civil law countries, does not have a discrete evidence code. Rather, Chinese evidence rules are currently scattered among various procedural codes. Since the beginning of the twenty-first century, Chinese scholars and practitioners have advocated for specialized evidence legislation. As part of this movement, China issued numerous judicial interpretations of evidence law, amendments to existing procedural law, and experimental drafts of evidence statutes. For example, new amendments to the Civil Procedure Law and to the Criminal Procedure Law became effective on January 1, 2013. More recently, the Supreme People's Court led the efforts to create two experimental …

A Call For Truth In The Fashion Pages: What Global Trend In Advertising Regulation Means For U.S. Beauty And Fashion Advertisers, Ashley O'Neil

Indiana Journal of Global Legal Studies

The advertising industry serves an important purpose in our society by acting as the main source of information for consumers about products. Global advertisement spending reaches into the hundreds of billions of dollars annually. Because advertising plays such a large role in the economy, regulators across the globe have increasingly sought to promote truth in advertising. As a result, advertising regulation has exploded in the recent decades. Recently, the beauty and fashion industries have come under fire from advertising regulatory bodies, most notably in Europe, for misleading and offensive advertising practices. Regulators and interest groups are concerned by the unrealistic …

Protecting The Home Turf: National Bar Associations And The Foreign Lawyer, Brendan K. Smith

Indiana Journal of Global Legal Studies

This note addresses the issues raised by domestic laws and bar associations limiting the practice of foreign lawyers. It looks at how the increase in globalization has led different countries to take different approaches toward dealing with these foreign lawyers. There are complex and varying reasons for how a country approaches foreign lawyers, as is demonstrated particularly through the actions of Brazil, India, and Japan. Also, it appears that emerging, but not as of yet established, global economic powers have decided it is in their interest to severely restrict the activity of foreign lawyers. The note suggests that these emerging …

Edification From The Andorran Model: A Brief Exploration Into The Condominium Solution On The International Stage And Its Potential Application To Current Land Disputes, Taylor Calvin Perkins

Indiana Journal of Global Legal Studies

This note explores the international legal concept of the condominium solution and its current manifestation under the Andorran political system. It endeavors to come to a working definition of condominium, before embarking on a survey of condominiums throughout history. The note then chronicles the history of Andorra and the genesis of the Andorran condominium, and then analyzes the current Andorran constitution and the influence of the condominium within the document. Lastly, the paper explores why Andorra has been able to remain a condominium for over eight centuries, before finally ruminating on the optimistic future of condominium solutions in international law.

Maurer School Of Law Bloomington

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

A Comparative Study Of Gmo Labeling And Liability Systems In The Us, Eu, And South Korea: The Circumstances And A Future Potential For Harmonization, Moonsook Park

Maurer Theses and Dissertations

With the remarkable development of GMOs, GMO trade has also increased. The different attitudes on GMOs among the countries all over the world, specifically the US, EU, and South Korea, have the potential to create international trade conflicts. In order to mediate the conflicts, reasonable labeling and liability systems need to be established to prevent potential GMO risks. The Biosafety Protocol regarding the transboundary movement of GMOs exists to resolve such tensions, but it fails to sufficiently solve the problems and provide clear regulations concerning GMO labeling and liability systems.

A successful GMO labeling and liability system should emphasize the …

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …

Regulatory Translations: Expertise And Affect In Global Legal Fields (Symposium Introduction), Ziya Umut Turem, Andrea Ballestero

Indiana Journal of Global Legal Studies

Regulatory Translations: Expertise and Affect in Global Legal Fields, Symposium, May 16-18, 2013, Istanbul, Turkey

What Is In A Percentage?: Calculation As The Poetic Translation Of Human Rights, Andrea Ballestero

Indiana Journal of Global Legal Studies

Increasingly, the efficacy of human rights, international norms, and commercial standards is deposited in numbers as measures of social and financial value. Taking the form of indicators, goals, and targets, these numbers are active participants in the everyday practices through which the law is constituted around the world. This paper examines the normative ability of percentages as numeric devices that transform measures of value across legal domains. The paper draws on two examples: a) the generation of indicators by NGOs promoting the Human Right to Water, and b) the technical work of regulators attempting to regulate water prices to follow …

Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah

Indiana Journal of Global Legal Studies

What does the killing and burial of bin Laden tell us about the sites, sources, and nature of law's authority in a post-'9/11' world?1 If law is constituted by "acts of language [that] are actions in the world,'2 then the law embodied by these events is discernible through an analysis of Obama's announcement on the killing of bin Laden. Obama's announcement avoids the term 'law' yet makes present the relationship between 'law,' justice,' legitimacy, and violence. Through critical theory on language, translation, and political myth, this paper explores the translations at work in constructing law's authority for a post-9/11 world. …

Misreading And Mobility In Constitutional Texts: A Nineteenth Century Case, Iza Hussin

Indiana Journal of Global Legal Studies

This article explores the case of the adoption of Southeast Asia's first constitution (Johor, 1895) to articulate a fundamental problem of translation-the ambiguity and multiplicity of law's language. Closer attention to this problem helps raise a number of possibilities for rethinking the relationship between law, language, and mobility: firstly, polyphony, dissonance, and divergence in law's language reveals a plethora of political possibilities, audiences, and actors in the making of law; secondly, these ambiguities and multiplicities are integral to law's mobility; thirdly, rather than transmissions of law from center to periphery, law moves in circulations that are iterative, contingent, and patterned. …

Regular Soybeans: Translation And Framing In The Ontological Politics Of A Coup, Kregg Hetherington

Indiana Journal of Global Legal Studies

This paper argues for understanding the regulation and standardization of objects as fundamentally about "adding" to those objects rather than reducing or simplifying them. The analysis is based on the ethnographic study of regulatory politics in Paraguayan soybean production over the course of two decades in which the Paraguayan state increased its regulatory capacity immensely. By looking at very different forms of regulatory intervention, it shows that each regulatory moment can best be understood as a "translation" which adds to the complexity of the objects in question by adding new actors and concerns to their circulation. This provides a more …

Critical Cultural Translation: A Socio-Legal Framework For Regulatory Orders, Laura A. Foster

Indiana Journal of Global Legal Studies

The making of legal regulatory orders has become increasingly transnational as legal ideas travel and are adopted, discarded, and refigured. Socio-legal scholars have recently turned to the framework of translation to guide examinations of how law changes from one context to the next and how law itself translates and transforms the subjects and objects it governs. Drawing upon science studies and feminist theory, this article develops critical cultural translation as possible socio-legal methodology and praxis for the study of transnational regulatory orders. Furthering this line of inquiry, it addresses the regulation of benefit sharing and the patenting of indigenous San …

A Review Of "Authoritarian Rule Of Law: Legislation, Discourse And Legitimate In Singapore," By Jothie Rajah, Sophia Wilson

Indiana Journal of Global Legal Studies

No abstract provided.

Competition Law Reform In Turkey: Actors, Networks, Translations, Ziya Umut Turem

Indiana Journal of Global Legal Studies

This article explains the shift from an initially European-oriented and politically motivated competition law, toward a U.S. style and aspiringly apolitical competition regime in Turkey. Translation is used as an analytic to capture the complex processes of such a shift. The article argues that this shift can be explained first by the broad turn toward the U.S. as a source of state expertise and knowledge production in the context of the Cold War. This broad historical dynamic could only be activated, however, by the emergence of a critical mass of policy entrepreneurs and state officials shifting the momentum of policy …

The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold

Indiana Journal of Global Legal Studies

This paper explores representative environmental action in international, European Union, and German environmental law as an example of '7egal translation." The Aarhus Convention, dating from 1998, requests signatory parties to provide environmental NGOs with wide access to justice so that the protection of the environment can be controlled by the judiciary. Both the European Union and Germany have implemented the provisions of the Aarhus Convention into their respective legal orders. This process of implementation can be considered as "legal translations." The argument of this paper is that a perspective of '7egal translation" provides new vistas on the various intertwined layers …

Translations In Regulatory Space: The Arenas Of Regulatory Innovation In Accounting Standard Setting, Yasmine Chahed

Indiana Journal of Global Legal Studies

This paper investigates the conditions of possibility for innovation in regulatory space. The first-time inclusion of narrative reporting on the agenda of the British Accounting Standards Board (ASB) is studied in terms of a complex web of discursive schemes, which co-constituted the regulatory issue and the context in which it emerged. By exploring the discursive level of accounting reform, the approach shows how the emergence of narrative reporting on the agenda of the ASB was mediated in a historically specific constellation of formal institutional structures, professional trajectories, and changing conceptions of the roles and purposes of accounting in business management …