Law Commons^™

Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland

Baker Scholar Projects

The core international human rights treaties from the United Nations have been signed and ratified by varying groups of states, and much of previous research has been dominated by a desire to explain ratification of international human rights law (IHRL) through the democratic lock-in effect and states’ economic and political ties to one another. In this paper, I seek to understand when states are ratifying IHRL, testing whether the presence of elections influences commitment to three of the nine core international human rights treaties: the International Convention on the Protection of the Rights of All Migrant Workers and Members of …

Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil

Independent Study Project (ISP) Collection

Separated by only 14 kilometers of water from Spain, Morocco has become a common destination for many sub-Saharan irregular migrants trying to reach Europe. With a large population of these migrants, Morocco has had to make important decisions on how to manage its irregular migrant population. However, the terrible conditions and regular violations of human rights that irregular migrants in Morocco are subject to lead one to ponder the role that international relations has and the extent to which human rights is a consideration in the policymaking of irregular migration. Applied to the three primary theories of international relations, liberalism, …

The Psychology Of Separation: Border Walls, Soft Power, And International Neighborliness, Diana C. Mutz, Beth A. Simmons

All Faculty Scholarship

This study assesses the impact of international border walls on evaluations of countries and on beliefs about bilateral relationships between states. Using a short video, we experimentally manipulate whether a border wall image appears in a broader description of the history and culture of a little-known country. In a third condition, we also indicate which bordering country built the wall. Demographically representative samples from the United States, Ireland, and Turkey responded similarly to these experimental treatments. Compared to a control group, border walls lowered evaluations of the bordering countries. They also signified hostile international relationships to third-party observers. Furthermore, the …

Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans

All Faculty Scholarship

The Liberal International Order is in crisis. While the symptoms are clear to many, the deep roots of this crisis remain obscured. We propose that the Liberal International Order is in tension with the older Sovereign Territorial Order, which is founded on territoriality and borders to create group identities, the territorial state, and the modern international system. The Liberal International Order, in contrast, privileges universality at the expense of groups and group rights. A recognition of this fundamental tension makes it possible to see that some crises that were thought to be unconnected have a common cause: the neglect of …

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …

The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons

All Faculty Scholarship

Human rights treaty bodies have been frequently criticized as useless and the regime’s self-reporting procedure widely viewed as a whitewash. Yet very little research explores what, if any, influence this periodic review process has on governments’ implementation of and compliance with treaty obligations. We argue oversight committees may play an important role in improving rights on the ground by providing information for international and primarily domestic audiences. This paper examines the cumulative effects on women’s rights of self-reporting and oversight review, using original data on the history of state reporting to and review by the Committee on the Elimination of …

Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels

Faculty Scholarship

The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has …

Early Prerogative And Administrative Power: A Response To Paul Craig, Philip A. Hamburger

Faculty Scholarship

What does English experience imply about American constitutional law? My book, Is Administrative Law Unlawful?, argues that federal administrative power generally is unconstitutional. In supporting this conclusion, the book observes that eighteenth-century Americans adopted their constitutions not only with their eyes on the future, but also looking over their shoulder at the past – especially the English past. This much should not be controversial. There remain, however, all sorts of questions about how to understand the English history and its relevance for early Americans.

In opposition to my claims about American law, Paul Craig lobs three critiques from across the …

International Organizations: An Early History, Michael Davies, Richard Woodward

Books/Book Chapters

This text provides a pioneering and comprehensive analysis of over one hundred international organizations. After introducing the broad historical and contextual settings, the book covers the full range of international organisations including those that are often overlooked or get minimal inclusion elsewhere. Each organization is analysed in a stand-alone section that consider its origins, basic mandates and evolution, the governance structure and the associated key players, current activities and future challenges. The descriptions also reflect each organization’s broader relationships with other international bodies.

The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales

Calvert Undergraduate Research Awards

The Spratly islands dispute is a regional maritime territorial sovereignty dispute which involves six countries in the South China Sea – China, Taiwan, Vietnam, Philippines, Malaysia and Brunei. Underscored by the prospects of large natural energy reserves, control of strategic global maritime areas, and shifting global power dynamics, the dispute has significant international geo-strategic, economic, political and legal implications. This Honors Thesis evaluates the international legal standards for resolving maritime sovereignty disputes, provides a historiography of the six countries’ competing claims, and analyzes the legal soundness of their claims. This thesis also proposes and examines potential political and diplomatic frameworks …

Towards A Communicative Theory Of International Law, Timothy L. Meyer

Scholarly Works

Does international law's effectiveness require a clear distinction between law and non-law? This essay, which reviews Jean d'Aspremont's Formalism and the Sources of International Law, argues the answer is no. Ambiguity about the legal nature of international instruments has important benefits. Clarity in the law may encourage states to do the minimum necessary to comply, while some uncertainty about what the law requires may induce states to take extra efforts to ensure they are in compliance. Ambiguity in the law also promotes dynamic change, an important feature in rapidly developing areas of the law such as international environmental law and …

Nuclear Arms Control: Challenges And Opportunities In 2013, Steven Pifer

Brookings Scholar Lecture Series

U.S. nuclear arms control policy must address numerous factors, including our strategic relationships with Russia and China, the potential for future nuclear weapons reductions--including non-strategic nuclear weapons, and the offense-defense relationship, given concerns that missile defense developments could in the future affect the nuclear balance. Washington DC must also consider its obligations under the Non-Proliferation Treaty, how to dissuade new countries from joining the nuclear weapons ranks, and what to do about the Comprehensive Test Ban Treaty, which the United States has signed but not ratified. This presentation will explore challenges and opportunities facing Washington DC in the aftermath of …

Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court, Allison Naylor

Honors Projects in History and Social Sciences

Presently, 120 states are parties to the Rome Statute establishing the International Criminal Court (ICC). A state that one will not find on the list, however, would be the United States. This project examines the relationship between the International Criminal Court (ICC) and the United States. The United States took part in the negotiating process, signing the Rome Statute under President Bill Clinton, but was not fully satisfied with the agreement reached. Under President Bush, however, the Rome Statute was unsigned. Presently, the United States remains unsigned on the Rome Statute. The relationship between the Court and the United States …

Health As Foreign Policy: Between Principle And Power, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Romania, Bulgaria, The United States And The European Union: The Rules Of Empowerment At The Outskirts Of Europe, Dana Neacsu

Law Faculty Publications

After the collapse of the Soviet Union, the United States came to Eastern Europe spreading the gospel of democracy and the American Rule of Law. In addition to encouraging Western ideology, the United States was there to forge new economic relationships and, following the terrorist attacks of September 11, 2001, to accelerate the creation of military alliances through membership in the North Atlantic Treaty Organization (NATO) and the newly-formed "coalition of the willing." Romania and Bulgaria, among other former Soviet satellites, welcomed the invitation. Romania and Bulgaria are small countries which share similar economic pressures as they attempt to emerge …

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood

Articles & Book Chapters

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law.1 He went as far as to call for a 'joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda for joint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …

Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

In Memoriam: Edward H. Buehrig (1910-1986), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

A Third World Strategy, Thomas Ehrlich, Catherine Gwin

Articles by Maurer Faculty

No abstract provided.

Book Review. Les Nouveaux États Dans Les Relations Internationales Edited By J. B. Duroselle And J. Meyriat, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Book Review. World Legal Order -- Possible Contributions By The People Of The United States By W. Mcclure, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.