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Full-Text Articles in Social and Behavioral Sciences

Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala Oct 2023

Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala

Articles

Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223


What’S Law Got To Do With It? How The Degree Of Legalization Affects The Durability Of Post-Conflict Autonomy Agreements, Felix Schulte, Gene Carolan Jan 2023

What’S Law Got To Do With It? How The Degree Of Legalization Affects The Durability Of Post-Conflict Autonomy Agreements, Felix Schulte, Gene Carolan

Articles

Research has identified several factors that impact the sustainability of post-conflict territorial autonomy arrangements (TAA), including previous levels of violence, economic development in a given territory, or the strategic importance thereof. We argue that a hitherto neglected variable lies in the legal form of the autonomy agreement – that is, the degree to which it has been ‘legalized’ by the language and processes prescribed in the agreement. Based on a qualitative evaluation, we assess the legalization degree of 236 TAA signed between 1990 and 2019. Survival analyses and Cox regression models show that a higher degree of legalization has a …


From Constructive Ambiguities To Structural Contradictions: The Twilight Of The Good Friday Agreement, Chris O'Ralaigh Jan 2023

From Constructive Ambiguities To Structural Contradictions: The Twilight Of The Good Friday Agreement, Chris O'Ralaigh

Articles

The Good Friday Agreement contained a series of constructive ambiguities which were critical to ensuring that it received broad cross-political support. These ambiguities were reflective of the balance of political power of the time. Once institutionalized, they contained an immanent potential to morph in to structural contradictions as the re-balancing of demographic and political power in Ireland moved from latent to manifest status. As the Agreement reaches its 25th anniversary, three outstanding structural contradictions are manifesting, prompted by Brexit and the re-introduction of the ‘Irish question’ in to Irish-British relations. The constitutional status of the North of Ireland, the raison …


Title Ix's Trans Panic, Deborah L. Brake Jan 2023

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …


The International Legal Order And The Rule Of Law, Vivian Grosswald Curran Jan 2023

The International Legal Order And The Rule Of Law, Vivian Grosswald Curran

Articles

This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …