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Full-Text Articles in International 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 …
Transnational Normative Orders: The Constitutionalism Of Intra- And Trans-Normative Law, Poul F. Kjaer
Transnational Normative Orders: The Constitutionalism Of Intra- And Trans-Normative Law, Poul F. Kjaer
Indiana Journal of Global Legal Studies
No weakening, but rather an expansion, of statehood can be observed in the contemporary world. This does not, on the other hand, imply that extensive forms of constitutional ordering do not exist outside the realm of states. Instead, the evolution of world society has been characterized by a protracted dual movement where the expansion and densification of statehood and autonomous forms of transnational ordering gradually emerged in a mutually constitutive fashion. One implication of this is that neither the concept of the state nor the concept of nonstate transnational entities is adequately capable of delineating the object of constitutional analysis. …
Visible Formalizations And Formally Invisible Facticities, Saskia Sassen
Visible Formalizations And Formally Invisible Facticities, Saskia Sassen
Indiana Journal of Global Legal Studies
This essay focuses on a range of formal and informal practices that I hypothesize as the making of new types of jurisdictions with variable relations to the traditional jurisdiction of the state over its territory. One effect is to contribute to an emergent misalignment between territory and territoriality. A second effect is to make structural holes in the tissue of national state sovereign territory. Both processes contribute new types of borderings inside national territory. The action is not on interstate borders, but in the interior of the state, which can mean an extension of one state into another's territorial jurisdiction …
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
Indiana Journal of Global Legal Studies
"[O]ur struggle for democracy is a struggle for our everyday life." This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues to fail due to the regime-written "new" constitution that guarantees the regime's continued leading role in the state apparatus.2 Illegitimate elections and continued repression of the democratic opposition allow for the regime's violations of basic human rights to continue. Rights violations that include displacement, forced labor, …
Partition Of Failed States: Impediments And Impulses, Thomas D. Grant
Partition Of Failed States: Impediments And Impulses, Thomas D. Grant
Indiana Journal of Global Legal Studies
No abstract provided.
Globalization And The Myth Of Absolute National Sovereignty: Reconsidering The "Un-Signing" Of The Rome Statute And The Legacy Of Senator Bricker, John R. Worth
Indiana Law Journal
No abstract provided.
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Indiana Journal of Global Legal Studies
No abstract provided.
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Indiana Journal of Global Legal Studies
No abstract provided.
Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi
Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
The Spectre Of Globalization, Tim Dunne
The Spectre Of Globalization, Tim Dunne
Indiana Journal of Global Legal Studies
No abstract provided.
Strengthening The State, Gregory H. Fox
Strengthening The State, Gregory H. Fox
Indiana Journal of Global Legal Studies
No abstract provided.
Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya
Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya
Indiana Journal of Global Legal Studies
No abstract provided.
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Indiana Journal of Global Legal Studies
No abstract provided.
Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki
Indiana Journal of Global Legal Studies
No abstract provided.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
Indiana Journal of Global Legal Studies
No abstract provided.
Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer
Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer
Indiana Journal of Global Legal Studies
No abstract provided.
On The Internet And Sovereignty, Saskia Sassen
On The Internet And Sovereignty, Saskia Sassen
Indiana Journal of Global Legal Studies
No abstract provided.
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Indiana Journal of Global Legal Studies
No abstract provided.
The Nature Of Global Commitments And Obligations: Limits On State Sovereignty In The Area Of Asylum, Heather Leary
The Nature Of Global Commitments And Obligations: Limits On State Sovereignty In The Area Of Asylum, Heather Leary
Indiana Journal of Global Legal Studies
No abstract provided.
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Indiana Journal of Global Legal Studies
Professor Buchanan begins her paper by questioning whether
recent economic and political shifts towards notions of
"globalization" (e.g., the NAFTA) have failed to consider the
politics or economics of change in particular places. Her prime
example of a "place" where integration is illogically forced against
a background of differentiation is the U.S.-Mexico border region.
Through the scope of a "regulatory complex" (a complex of legal,
institutional, regulatory, and social orderings), she departs from the
common view of the NAFTA as a productive tool of North American
integration, and instead views the NAFTA as exacerbating
"differences between localities, industries, and labor …