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Full-Text Articles in International Law
The Political Economy Of International Financial Regulation, Pierre-Hugues Verdier
The Political Economy Of International Financial Regulation, Pierre-Hugues Verdier
Indiana Law Journal
No abstract provided.
Occupy The System! Societal Constitutionalism And Transnational Corporate Accounting, Moritz Renner
Occupy The System! Societal Constitutionalism And Transnational Corporate Accounting, Moritz Renner
Indiana Journal of Global Legal Studies
Today's most pressing constitutional question is posed by a global economic system whose expansive tendencies seem no longer controllable. In addressing this question, the theory of Societal Constitutionalism apparently shifts established ideological coordinates by developing a theory of the self-constitutionalization of social spheres. It seeks to combine the virtues of grassroots democracy with the sophistication of systemic social theory. Thus, its normative claim can be formulated as an oxymoron: "Occupy the System!" The claim is an oxymoron because it points to the apparent impossibility of critical social theory in a functionally differentiated society: How can a functional system such as …
Private Governance Of Knowledge: Societally-Crafted Intellectual Properties Regimes, Dan Wielsch
Private Governance Of Knowledge: Societally-Crafted Intellectual Properties Regimes, Dan Wielsch
Indiana Journal of Global Legal Studies
The evolutionary challenge global society faces is the decentralized development of legal rules that multilaterally protect social autonomies from violating each other. At the national level, democratic constitutions provide for the resolution of conflicts between different normative worlds, although the focus here is certainly on the protection of autonomies from political encroachment. However, political constitutions make sure that legal orders consider a plurality of normative perspectives. In contrast, international lawmaking can exclusively link to a specific social rationality, lacking any impartial forum for normative reconciliation. This is of special importance for the governance of intellectual resources. The incorporation of international …
The Coevolution Of Transnational Corporations And Institutions, Sarianna M. Lundan
The Coevolution Of Transnational Corporations And Institutions, Sarianna M. Lundan
Indiana Journal of Global Legal Studies
While economic theories of the firm have traditionally focused on the ownership of assets, the increasing use of contractual partnerships is beginning to challenge our conception of the firm by emphasizing its coordinating role. In structuring their contracts, as well as in managing the relationships governed by the contracts, firms try to mitigate uncertainties that could destroy the value-adding potential of such transactions. These uncertainties may be specific to the transaction partner, but they might also arise from the institutional context of the contracting parties, particularly in the case of transactions that cross borders. The coevolutionary process whereby firms both …
Transnational Corporations As Steering Subjects In International Economic Law: Two Competing Visions Of The, Karsten Nowrot
Transnational Corporations As Steering Subjects In International Economic Law: Two Competing Visions Of The, Karsten Nowrot
Indiana Journal of Global Legal Studies
Transnational corporations (TNCs) not only occupy an important status as economic actors on the international scene, but they are also political actors who are increasingly involved in the progressive development and enforcement of the regulatory structures of the international economic system. Against this background, this article focuses on the current status and potential future development of TNCs as steering subjects in international economic law (IEL). It evaluates the role played by this category of nonstate actors in two of the central public international law fields of IEL, namely the legal order of the World Trade Organization (WTO) and the international …
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee
The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee
Indiana Journal of Global Legal Studies
The recent "legalization" of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups. I add to this growing subfield of literature by arguing that the WTO has not exceeded its boundary for domestic political acceptance, nor will it likely do so in the near future. In one respect-" judicial activism"-legalization does, however, present a threat to domestic political support. Still, drawing from historical lessons, I argue that the WTO as an institution will face irrelevance only if both protectionists and multilateralists …
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
Indiana Journal of Global Legal Studies
No abstract provided.
Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam
Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: Globalization At The Margins: Perspectives On Globalization From Developing States Symposium, David Fidler
Introduction: Globalization At The Margins: Perspectives On Globalization From Developing States Symposium, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
The Spectre Of Globalization, Tim Dunne
The Spectre Of Globalization, Tim Dunne
Indiana Journal of Global Legal Studies
No abstract provided.
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Indiana Journal of Global Legal Studies
No abstract provided.
The Roots Of Cultural Backlash In Contemporary Processes Of Globalization, Gracia Clark
The Roots Of Cultural Backlash In Contemporary Processes Of Globalization, Gracia Clark
Indiana Journal of Global Legal Studies
No abstract provided.
Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks
Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks
Indiana Journal of Global Legal Studies
No abstract provided.
Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki
Indiana Journal of Global Legal Studies
No abstract provided.
Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas
Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas
Indiana Journal of Global Legal Studies
No abstract provided.
Libertad V. Liberalism: An Analysis Of The Helms-Burton Act From Within Liberal International Relations Theory, David Fidler
Libertad V. Liberalism: An Analysis Of The Helms-Burton Act From Within Liberal International Relations Theory, David Fidler
Indiana Journal of Global Legal Studies
Professor Fidler's article examines the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of
1996,
Act, from within liberal international relations theory. He takes as his starting
point the controversy that the Helms-Burton Act has produced among liberal,
democratic states. Professor Fidler outlines the major tenets of the liberal
tradition in international relations thinking: promoting economic
interdependence, internationall aw, internationali nstitutions,a nd democracy.
He then looks at the arguments made by opponents of the Helms-Burton Act
from within each of these liberal tenets, showing how opponents believe the
Helms-Burton Act undermines economic interdependence, violates
international law, by-passes international institutions, and does …
Implications Of Global Polarization For Feminist Work, Gracia Clark
Implications Of Global Polarization For Feminist Work, Gracia Clark
Indiana Journal of Global Legal Studies
No abstract provided.
Toward A Feminist Analytics Of The Global Economy, Saskia Sassen
Toward A Feminist Analytics Of The Global Economy, Saskia Sassen
Indiana Journal of Global Legal Studies
Economic globalization has reconfigured fundamental properties of the
nation-state, notably territoriality and sovereignty. There is an incipient
unbundling of the exclusive territoriality we have lcing associated with the
nation-state. The most strategic instantiation of this unbundling is probably
the global city, which operates as a partly denationalized plaform for global
capital. Sovereignty is being unbundled by these economic and other noneconomic
practices and new legal regimes. At the limit this means that the
State is no longer the only site for sovereignty and the normativity that comes
with it, and further, that the State is no longer the exclusive subject …
As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas
As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas
Indiana Journal of Global Legal Studies
No abstract provided.
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Indiana Journal of Global Legal Studies
Professor Eisenstein's article discusses the effects of globalization on the
relationship between privatization and public responsibility and how this
dynamic impacts the future of women across the globe. She argues that the
global growth of privatization in the North and West has disseminated around
the world to the detriment of women. Privatization, she contends, has been
accepted as the agenda of politicians for the late twentieth century, and public
responsibility has been lost as a result.
According to Professor Eisenstein, globalization has been essentially an
economic process in which a global economy surfaces without differences or
borders. The global economy, …
Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman
Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Globalization, Privatization, And A Feminist Public, Susan H. Williams
Globalization, Privatization, And A Feminist Public, Susan H. Williams
Indiana Journal of Global Legal Studies
No abstract provided.
Dividing The Surplus: Will Globalization Give Women A Larger Or Smaller Share Of The Benefits Of Cooperative Production?, Kenneth G. Dau-Schmidt
Dividing The Surplus: Will Globalization Give Women A Larger Or Smaller Share Of The Benefits Of Cooperative Production?, Kenneth G. Dau-Schmidt
Indiana Journal of Global Legal Studies
No abstract provided.
A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman
A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman
Indiana Journal of Global Legal Studies
Dean Alfred Aman 's article addresses recent U.S.
administrations' attempts at regulatory reform and notes that as far
as the actual reforms are concerned, there are more similarities
over time than differences. The globalization of politics and
markets and manufacturing, in particular, has helped create global
political economic forces that militate in favor of various forms of
deregulation and privatization not only in the United States, but in
other western democracies as well. Dean Aman focuses on the
United States, noting that globalization has reduced the effectiveness
of local and national regulators, especially since firms are
increasinglyf ree to choose …