International Relations Commons^™

Foucault And American Foreign Policy During 2001 Bush Era, Kyle S. Herman

Dr. Kyle S. Herman

In this paper I discuss the theory of power structures written by Michel Foucault in “Docile Bodies: Discipline”1 and relate this to George Bush’s Foreign policy agenda (roughly around 2001) in accordance with the Cheney Report described by Michael Klare in his book “Blood and Oil.”

Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia

Dr Gabriel Garcia

No abstract provided.

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron

David D. Caron

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.

How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Why Do States That Oppose Nuclear Proliferation Resist New Nonproliferation Obligations? Three Logics Of Nonproliferation Decision-Making, Andrew J. Grotto

Andrew J Grotto

Why do states that oppose nuclear proliferation resist initiatives to strengthen the nonproliferation regime? There is virtually universal support for the basic principle of nonproliferation—all countries but four are states-party to the Non-Proliferation Treaty (NPT). Yet enthusiasm among NPT parties for proposals to strengthen the nonproliferation regime varies widely even as new challenges highlight dangerous gaps in the regime.

There is something approaching consensus among scholars and policy-makers that many states resist proposals to strengthen the nonproliferation end of the NPT bargain largely because America and other NWS haven’t made satisfactory progress towards nuclear disarmament. I suggest this consensus rests …

Sur La Constitutionnalisation De La Convention Européenne Des Droits De L'Homme : Cinquante Ans Après Son Installation, La Cour Européenne Des Droits De L’Homme Conçue Comme Une Cour Constitutionnelle, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Soft Law As Delegation, Timothy L. Meyer

Timothy Meyer

This article examines one of the most important trends in international legal governance since the end of the Cold War: the rise of “soft law,” or legally non-binding instruments that are given legal effect through domestic law or internationally binding agreements such as treaties. Scholars studying the design of international agreements have long puzzled over why states use soft law. The decision to make an agreement or obligation legally binding is within the control of the states negotiating the content of the legal obligations. Basic contract theory predicts that parties to a contract would want their agreement to be as …

The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan

Donald J. Kochan

The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …

Weshalb Die Uno Ein Parlament Braucht, Beat Habegger

Beat Habegger

No abstract provided.

Weltdiplomat, Beat Habegger

Beat Habegger

No abstract provided.

Der Unmöglichste Job Der Welt: Zur Wahl Eines Neuen Uno-Generalsekretärs, Beat Habegger

Beat Habegger

No abstract provided.

Parlamentarismus In Der Internationalen Politik, Beat Habegger

Beat Habegger

No abstract provided.

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …

A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias

Shoaib A. Ghias

Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …

Machtpolitik Und Völkerrecht, Beat Habegger

Beat Habegger

No abstract provided.

Globaler Marktplatz Der Ideen: Vorschläge Zur Reform Der Uno-Generalversammlung, Beat Habegger

Beat Habegger

No abstract provided.

Die Mitwirkung Der Parlamentarischen Versammlung An Den Konventionen Des Europarats, Beat Habegger

Beat Habegger

No abstract provided.

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …

Polemics: The Concept Of Legalization - Or - The Concept Of Plagiarism, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …