Courts without Borders

Law, Politics, and US Extraterritoriality

Author: Tonya L. Putnam

Publisher: Cambridge University Press

ISBN: 1107137098

Category: Law

Page: 330

View: 6411

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This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.

The Price of a Vote in the Middle East

Author: Daniel Corstange

Publisher: Cambridge University Press

ISBN: 1107106672

Category: Political Science

Page: 276

View: 4456

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Some ethnic communities receive generous material rewards for their political support, whilst others only receive very modest payoffs.

Democracy Disfigured

Author: Nadia Urbinati

Publisher: Harvard University Press

ISBN: 0674726383

Category: Political Science

Page: 320

View: 3785

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In Democracy Disfigured, Nadia Urbinati diagnoses the ills that beset the body politic in an age of hyper-partisanship and media monopolies and offers a spirited defense of the messy compromises and contentious outcomes that define democracy. Urbinati identifies three types of democratic disfiguration: the unpolitical, the populist, and the plebiscitarian. Each undermines a crucial division that a well-functioning democracy must preserve: the wall separating the free forum of public opinion from governmental institutions that enact the will of the people. Unpolitical democracy delegitimizes political opinion in favor of expertise. Populist democracy radically polarizes the public forum in which opinion is debated. And plebiscitary democracy overvalues the aesthetic and nonrational aspects of opinion. For Urbinati, democracy entails a permanent struggle to make visible the issues that citizens deem central to their lives. Opinion is thus a form of action as important as the mechanisms that organize votes and mobilize decisions. Urbinati focuses less on the overt enemies of democracy than on those who pose as its friends: technocrats wedded to procedure, demagogues who make glib appeals to "the people," and media operatives who, given their preference, would turn governance into a spectator sport and citizens into fans of opposing teams.

Politics at Work

How Companies Turn Their Workers into Lobbyists

Author: Alexander Hertel-Fernandez

Publisher: Oxford University Press

ISBN: 0190635444

Category: Political Science

Page: 256

View: 1556

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Employers are increasingly recruiting their workers into politics to change elections and public policy-sometimes in coercive ways. Using a diverse array of evidence, including national surveys of workers and employers, as well as in-depth interviews with top corporate managers, Alexander Hertel-Fernandez's Politics at Work explains why mobilization of workers has become an appealing corporate political strategy in recent decades. The book also assesses the effect of employer mobilization on the political process more broadly, including its consequences for electoral contests, policy debates, and political representation. Hertel-Fernandez shows that while employer political recruitment has some benefits for American democracy-for instance, getting more workers to the polls-it also has troubling implications for our democratic system. Workers face considerable pressure to respond to their managers' political requests because of the economic power employers possess over workers. In spite of these worrisome patterns, Hertel-Fernandez found that corporate managers view the mobilization of their own workers as an important strategy for influencing politics. As he shows, companies consider mobilization of their workers to be even more effective at changing public policy than making campaign contributions or buying electoral ads. Hertel-Fernandez closes with an array of solutions that could protect workers from employer political coercion and could also win the support of majorities of Americans. By carefully examining a growing yet underappreciated political practice, Politics at Work contributes to our understanding of the changing workplace, as well as the increasing power of corporations in American politics. It is essential reading for anyone interested in the connections between inequality, public policy, and American democracy.

American Immunity

War Crimes and the Limits of International Law

Author: Patrick Hagopian

Publisher: N.A

ISBN: 9781625340474

Category: History

Page: 244

View: 3681

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In 1955 the Supreme Court ruled that veterans of the US armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Hagopian places this exemption in the context of a long-standing tension between international law and US sovereignty.

Power Plays

Author: Allison Carnegie

Publisher: Cambridge University Press

ISBN: 1107121817

Category: Business & Economics

Page: 208

View: 8084

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Power Plays argues that international institutions prevent extortion in some areas, but cause states to shift coercive behavior into less effective policy domains.

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 9252

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"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

Does the Constitution Follow the Flag?

The Evolution of Territoriality in American Law

Author: Kal Raustiala

Publisher: Oxford University Press

ISBN: 0199858179

Category: Law

Page: 313

View: 1460

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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Solving the Internet Jurisdiction Puzzle

Author: Dan Jerker B. Svantesson

Publisher: Oxford University Press

ISBN: 019879567X

Category: Law

Page: 265

View: 9459

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Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.

Law's Trials

The Performance of Legal Institutions in the US 'War on Terror'

Author: Richard L. Abel

Publisher: Cambridge University Press

ISBN: 1108691412

Category: Law

Page: N.A

View: 1868

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The US 'war on terror' has repeatedly violated fundamental rule of law values. When executive and legislature commit such egregious wrongs, courts represent the ultimate defense. Law's Trials: The Performance of Legal Institutions in the US 'War on Terror' offers the first comprehensive account of judicial performance during the 16 years of the Bush and Obama administrations. Abel examines criminal prosecutions of alleged terrorists, courts martial of military personnel accused of law of war violations, military commission trials of 'high value detainees', habeas corpus petitions by Guantánamo detainees, civil damage actions by victims of both the 'war on terror' and terrorism, and civil liberties violations by government officials and Islamophobic campaigners. Law's Trials identifies successful defenses of the rule of law through qualitative and quantitative analyses, comparing the behavior of judges within and between each category of cases and locating those actions in a comparative history of efforts to redress fundamental injustices.

Dictators Without Borders

Power and Money in Central Asia

Author: Alexander A. Cooley,John Heathershaw

Publisher: Yale University Press

ISBN: 0300222092

Category: Political Science

Page: 304

View: 5937

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A penetrating look into the unrecognized and unregulated links between autocratic regimes in Central Asia and centers of power and wealth throughout the West Weak, corrupt, and politically unstable, the former Soviet republics of Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan are dismissed as isolated and irrelevant to the outside world. But are they? This hard-hitting book argues that Central Asia is in reality a globalization leader with extensive involvement in economics, politics and security dynamics beyond its borders. Yet Central Asia’s international activities are mostly hidden from view, with disturbing implications for world security. Based on years of research and involvement in the region, Alexander Cooley and John Heathershaw reveal how business networks, elite bank accounts, overseas courts, third-party brokers, and Western lawyers connect Central Asia’s supposedly isolated leaders with global power centers. The authors also uncover widespread Western participation in money laundering, bribery, foreign lobbying by autocratic governments, and the exploiting of legal loopholes within Central Asia. Riveting and important, this book exposes the global connections of a troubled region that must no longer be ignored.

International Law in the U.S. Legal System

Author: Curtis A. Bradley

Publisher: Oxford University Press, USA

ISBN: 0190217774

Category: Law

Page: 376

View: 1808

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International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley covers all of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

Intellectual Property and the New International Economic Order

Oligopoly, Regulation, and Wealth Redistribution in the Global Knowledge Economy

Author: Sam F. Halabi

Publisher: Cambridge University Press

ISBN: 1316835987

Category: Law

Page: N.A

View: 3485

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In economic sectors crucial to human welfare – agriculture, education, and medicine – a small number of firms control global markets, primarily by enforcing intellectual property (IP) rights incorporated into trade agreements made in the 1980s onward. Such rights include patents on seeds and medicines, copyrights for educational texts, and trademarks in consumer products. According to conventional wisdom, these agreements likewise ended hopes for a 'New International Economic Order,' under which wealth would be redistributed from rich countries to poor. Sam F. Halabi turns this conventional wisdom on its head by demonstrating that the New International Economic Order never faded, but rather was redirected by other treaties, formed outside the nominally economic sphere, that protected poor countries' interests in education, health, and nutrition and resulted in redistribution and regulation. This illuminating work should be read by anyone seeking a nuanced view of how IP is shaping the global knowledge economy.

Justice Across Borders

The Struggle for Human Rights in U.S. Courts

Author: Jeffrey Davis

Publisher: Cambridge University Press

ISBN: 1139472453

Category: Political Science

Page: N.A

View: 2512

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This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

The Cambridge History of Law in America

Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803055

Category: History

Page: 739

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This volume covers American law from the earliest settlement and colonization of North America.

Universal Human Rights and Extraterritorial Obligations

Author: Mark Gibney,Sigrun Skogly

Publisher: University of Pennsylvania Press

ISBN: 9780812204841

Category: Political Science

Page: 264

View: 1069

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Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

The New Terrain of International Law

Courts, Politics, Rights

Author: Karen J. Alter

Publisher: Princeton University Press

ISBN: 1400848687

Category: Political Science

Page: 480

View: 3282

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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Extraterritoriality and Collective Redress

Author: Duncan Fairgrieve,Eva Lein

Publisher: OUP Oxford

ISBN: 0191636622

Category: Law

Page: 496

View: 2259

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An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.

Extraterritorial Application of Human Rights Treaties

Law, Principles, and Policy

Author: Marko Milanovic

Publisher: OUP Oxford

ISBN: 0191504807

Category: Law

Page: 304

View: 8442

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Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.