International Relations Commons^™

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Regional Integration And Democratic Conditionality: How Democracy Clauses Help Democratic Consolidation And Deepening, Gaspare Genna, Taeko Hiroi

Gaspare M Genna

How effective are democracy clauses of regional integration organizations (RIOs) in promoting democratization and democratic consolidation among member-states? RIOs are increasingly adopting "democracy only" clauses in their treaties, requiring democracy and political stability as a condition of membership. Stable democracy is a collective good for RIO members; without political stability, uncertainty regarding economic exchange increases, undermining the promise of integration. The presence of powerful countries may be necessary for the RIOs to legalize democratic conditionality. In this book, the authors argue that once established democracy clauses exert an independent influence in promoting and defending democratic norms and institutions within the …

Women's Leadership For Women's Rights And Democracy, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Rhode Island Helps To Weaken Iranian Regime, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Challenges Of The Cooperative Movement In Addressing Issues Of Human Security In The Context Of A Neoliberal World: The Case Of Argentina, Stefan Ivanovski

Stefan Ivanovski

The response of some Argentine workers to the 2001 crisis of neoliberalism gave rise to a movement of worker-recovered enterprises (empresas recuperadas por sus trabajadores or ERTs). The ERTs have emerged as former employees took over the control of generally fraudulently bankrupt factories and enterprises. The analysis of the ERT movement within the neoliberal global capitalist order will draw from William Robinson’s (2004) neo-Gramscian concept of hegemony. The theoretical framework of neo-Gramscian hegemony will be used in exposing the contradictions of capitalism on the global, national, organizational and individual scales and the effects they have on the ERT movement. The …

Politics And Democratic Consciousness In Modern Iran, Huss Banai

Huss Banai

No abstract provided.

Garrison’ Democracy In Nigeria: The 2007 General Elections And The Prospects Of Democratic Consolidation, Shola J. Omotola

Shola J. Omotola Mr

This paper undertakes a critical analysis of the 2007 Nigeria’s general elections, with emphasis on the ‘garrison’ process and its implications for the consolidation of democracy. It is argued that garrisoned electoral processes represent a powerful source of democratic instability that can threaten the consolidation of democracy. The paper illustrates these processes and concludes that much will, however, depend on how ‘winners’ and ‘losers’ manage their successes and failures, respectively. The greatest threats to the consolidation of democracy in the aftermath of the garrisoned elections relate to the handling of post-election issues, especially election petitions, tribunals and court processes, by …

A Just Zionism (Book Review) (In Hebrew), Reuven (Ruvi) Ziegler

Dr. Reuven (Ruvi) Ziegler

A book review of Tel Aviv University Professor Chaim Gans' book ‘A Just Zionism: On the Morality of the Jewish State’ (OUP 2008)

Does The Constitutional Process Matter?, Zachary Elkins

Zachary Elkins

Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain from the constitutional outcome should be involved in the process. The second has to do with the merits of public involvement in the process. Both of these concerns have clear normative implications …

Democracy And Constitutionalism In Nigeria Under The Fourth Republic, 1999-2007, Shola J. Omotola

Shola J. Omotola Mr

No abstract provided.

Democratization In The Balkans: Prescription For A Badly Scarred Body Politic, Richard Farkas

Richard P Farkas

No abstract provided.

Democracy's Paradox: Popular Rule As A Constitutional Limit On Foreign Policy Promoting Popular Rule, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.

Shura And Democracy, Muqtedar Khan

Muqtedar Khan

No abstract provided.