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Full-Text Articles in Law
Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson
Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson
Law and Contemporary Problems
Simpson examines the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases concerning the interpretation and application of the revenue rule. Simpson further discusses economic activities that express indigenous cultural and historical practice and that reflect a larger set of socio-economic conditions.
Cultural Conflicts, Annelise Riles
Cultural Conflicts, Annelise Riles
Law and Contemporary Problems
Riles show how contemporary anthropological insights into the character of cultural difference and cultural fragmentation can reframe conflict-of-laws analysis in productive ways. Taking up the example of the treatment of Native American sovereignty in US courts, she argues that a theory of conflict of laws as a discipline devoted to addressing the problem of cultural conflict is more doctrinally illuminating than the mainstream view of conflict of laws as political conflict. Riles suggests that the general dissatisfaction with conflicts as a field in the United States, and its failure to live up to tits larger promise, may stem in part …
Afterword, Marianne Constable
Sovereignty And Delegation In International Organizations, David Epstein, Sharyn O'Halloran
Sovereignty And Delegation In International Organizations, David Epstein, Sharyn O'Halloran
Law and Contemporary Problems
No abstract provided.
International Delegations And The Values Of Federalism, Neil S. Siegel
International Delegations And The Values Of Federalism, Neil S. Siegel
Law and Contemporary Problems
Siegel argues that the relationship between an international delegation and the values thought to be promoted by a federal structure of government depends upon what would happen in the absence of the international delegation. Focusing on the effect of international delegation on US subnational states, Siegel explains that when the delegation replaces regulation by the federal government that would have displaced state choices anyway, then the effect on federalism values depends on the relative inclinations of the federal government and the international body to decentralize.
International Delegation And State Sovereignty, Oona A. Hathaway
International Delegation And State Sovereignty, Oona A. Hathaway
Law and Contemporary Problems
Hathaway rebuts the claim that state sovereignty almost always suffers when states delegate authority to international institutions. Critics of delegation err, she contends, by overemphasizing the costs but losing sight of some of the substantial benefits of cooperation. She considers the challenge to sovereignty posed by international delegation by focusing on recent debates over the influence of international legal commitments on domestic governance.
Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter
Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter
Law and Contemporary Problems
Alter highlights the diverse nature of international delegations to courts. She argues that the roles and tasks delegated to international courts increasingly mimic in form and content the broad variety of tasks delegated to courts in liberal democracies, but that delegating these tasks to international courts is fundamentally different than delegating them to domestic courts because of the implications for national sovereignty. Whereas international courts were initially established to be dispute-resolution bodies, they now also perform administrative review, enforcement, and even constitutional review. Alter explains how each of these judicial roles binds other actors, binds states, or both.