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Why do law reforms spread around the world in waves? Leading theories argue that international networks of technocratic elites develop orthodox solutions that they singlehandedly transplant across countries. But, in modern democracies, elites alone cannot press for legislative reforms without winning the support of politicians, voters, and interest groups. As Katerina Linos shows in The Democratic Foundations of Policy Diffusion, international models can help politicians generate domestic enthusiasm for far-reaching proposals. By pointing to models from abroad, policitians can persuade voters that their ideas are not radical, ill-thought out experiments, but mainstream, tried-and-true solutions. The more familiar voters are with a certain country or an international organization, the more willing they are to support policies adopted in that country or recommended by that organization. Aware of voters' tendency, politicians strategically choose these policies to maximize electoral gains. Through the ingenious use of experimental and cross-national evidence, Linos documents voters' response to international models and demonstrates that governments follow international organization templates and imitate the policy choices of countries heavily covered in national media and familiar to voters. Empirically rich and theoretically sophisticated, The Democratic Foundations of Policy Diffusion provides the fullest account to date of this increasingly pervasive phenomenon.
Hiding in Plain Sight tells the story of the global effort to apprehend the world's most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America's pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies--both successful and unsuccessful--that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades--all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.
Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
In 1955, a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine nations. Against the backdrop of crumbling European empires, Asian and African leaders forged new alliances and established anti-imperial principles for a new world order. The conference came to capture popular imaginations across the Global South and, as counterpoint to the dominant world order, it became both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. In this book, leading international scholars explore what the spirit of Bandung has meant to people across the world over the past decades and what it means today. It analyzes Bandung's complicated and pivotal impact on global history, international law and, most of all, justice struggles after the end of formal colonialism.
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
For all the attention globalization has received in recent years, little consensus has emerged concerning how best to understand it. For some, it is the happy product of free and rational choices; for others, it is the unfortunate outcome of impersonal forces beyond our control. It is in turn celebrated for the opportunities it affords and criticized for the inequalities in wealth and power it generates. David Singh Grewal’s remarkable and ambitious book draws on several centuries of political and social thought to show how globalization is best understood in terms of a power inherent in social relations, which he calls network power. Using this framework, he demonstrates how our standards of social coordination both gain in value the more they are used and undermine the viability of alternative forms of cooperation. A wide range of examples are discussed, from the spread of English and the gold standard to the success of Microsoft and the operation of the World Trade Organization, to illustrate how global standards arise and falter. The idea of network power supplies a coherent set of terms and concepts—applicable to individuals, businesses, and countries alike—through which we can describe the processes of globalization as both free and forced. The result is a sophisticated and novel account of how globalization, and politics, work.