Law Commons^™

Waving Hello To Democratic Renewal, Christine Bell

Human Rights & Human Welfare

Khanna’s argument is simple. American hegemony and the unipolar world have collapsed—without America noticing. The new world is tri-polar. America must compete with Europe’s soft power influence, and China’s economic power influence. The new global game for the “second world” (Turkey, South America, the former USSR “Stans”) is to play all three superpowers against each other, while pretending to be the friends of all.

Kosovo: The Day After, Timothy William Waters

Articles by Maurer Faculty

No abstract provided.

Moving Beyond Markets And Minimalism: Democracy In The Era Of Globalization, Richard Burchill

Human Rights & Human Welfare

A review of:

Democracy as Human Rights: Freedom and Equality in the Age of Globalization by Michael Goodhart. London: Routledge, 2005.

A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora

Steve Sheppard

On April 25, 2007, the Hartman Hotz Trust of the University of Arkansas hosted a symposium to discuss the relationships between intelligence, law, and democracy. This article contains a transcript of the topics discussed at the symposium. Don Bobbit, Dean of the Fulbright College introduced the panel, and Steve Sheppard, Enfield Professor of Law, moderated the discussion. The panelists included three guests with experience in the intelligence field: Lord Robin Butler, former head of the British Civil Service; Alberto Mora, former General Counsel of the United States Navy; and William Howard Taft IV, former Acting Secretary of Defense and Legal …

Introduction: Democracy And The Transnational Private Sector, Christiana Ochoa

Indiana Journal of Global Legal Studies

Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law-Bloomington, April 12-13, 2007

Bottom-Up Lawmaking: The Private Origins Of Transnational Law, Janet Koven Levit

Indiana Journal of Global Legal Studies

This article introduces one way in which the private sector makes law- bottom-up transnational lawmaking. While this article explores one example in depth- the Berne Union's regulation of export credit insurance- it concludes that bottom-up lawmaking peppers our legal landscape in a profound and largely unacknowledged way. More specifically, this article discusses how the private sector engages in international lawmaking and contemplates the normative implications of privatized transnational lawmaking.

Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.

Global Panopticism: States, Corporations, And The Governance Effects Of Monitoring Regimes, Larry Catá Backer

Indiana Journal of Global Legal Studies

Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive regulation or judicial decision, the techniques for enforcing regulation are substituting for regulation itself. This paper examines surveillance as a mechanism through which power is asserted and regulation effected in a world of shared public/private governance. For this purpose, understanding the nature of surveillance as a technique of governance, and as a substitute for governance itself, is a key element for understanding political …

Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine

Indiana Journal of Global Legal Studies

De-democratization and institutional corruption threaten equality among the expanding global market community. International treaties have been largely unsuccessful because they are designed to favor the more politically and economically advantaged players. In addition to meeting these challenges, there are many additional benefits to be gained from adopting the principles of the Fair Trade and Ethical Trading movements. Finally, international law has an obligation to integrate the principles of social and ethical trading movements to prevent the autonomous powers and transnational corporations from dominating the traditional, less powerful markets and so that welfare increases for all.

Democracy and the Transnational Private …

Reconstructing Contemporary Democracy, Jan Aart Scholte

Indiana Journal of Global Legal Studies

Democratic practice varies historically, and transformations of the societal context require accompanying reconstructions of democracy if "rule by the people" is to remain meaningful. Contemporary society is witnessing particularly profound changes in underlying structures of space, governance, and identity. Fundamental reconsideration of democracy is therefore also needed. This article first develops a generic understanding of democracy; next elaborates on currently unfolding transformations of geography, regime, and community; and then develops a five-faceted reconstruction of democracy to meet these changed circumstances. This prescription entails: (1) reconceptualizing democracy, shifting away from obsolete assumptions of territorialists pace, statist regulation, and nationalist identity; (2) …

Why Is International Law Binding?, Anthony D'Amato

Faculty Working Papers

Many writers believe that international law is precatory but not "binding" in the way domestic law is binding. Since international law derives from the practice of states, how is it that what states do becomes what they must do? How do we get bindingness or normativity out of empirical fact? We have to avoid the Humean fallacy of attempting to derive an ought from an is. Yet we can find in nature at least one norm that is compelling: the norm of survival. This norm is hardwired into our brains through evolution. It is also hardwired into the international legal …

The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa

Indiana Journal of Global Legal Studies

While the traditional doctrinal formulation of customary international law (CIL) has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of individuals are increasingly becoming relevant to this process. It is thus useful to analyze individual participation based on the model of participatory democracy, and also in contrast to representative democracy. By doing so, the nuanced relationship between participatory law formation and democratic participation in lawmaking is brought into relief.I n light of larger modern trends within international law, the participation of individuals in law formation requires further examination …

The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford

Journal Articles

For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or norm cascades), and norm internalization. As such, constructivism treats international law as a dynamic process in which norm entrepreneurs interact with state actors …

Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell

Georgetown Law Faculty Publications and Other Works

Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …