This study is an attempt to construct a quantitative link for international regimes with global leadership. The country's willingness to lead in solving global issues as the first mover in the formation of an international regime is measured and characterized by analyzing their ratification behavior in multilateral conventions deposited to the United Nations which shape of the global community. For this purpose, a set of quantitative indicators, the Index of Global Leadership Willingness and the Global Support Index, (...) was defined and calculated for each country based on its actual ratification year data for 120 multilateral conventions covering global issues such as peace and security, environment, commerce, communication, intellectual property protection, human rights, and labor. By proposing a framework of global leadership analysis, the study seeks to provide an empirical testing of the transformation of global governance towards cooperation without hegemony paradigm. The paper analyses changes in the leadership willingness indices of selected country groups, such as the G3, G7/8, and G20, over the century and finds that the will to drive the international agenda of these groups of leaders is in decline. Moreover, our study provides evidence to argue that our current world is actually without consistent global leadership across domains of the world affairs. Although several countries still show visible leadership in specific policy domains, such as environment and intellectual property, neither the G7/8 nor the G20 was playing a comparable role to those performed by the G3 a hundred years ago. (shrink)

Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body (...) or to any legal system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (shrink)

This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. And (...) third, it examines these questions using parallel studies with UK and US respondents to test the robustness and generalisability of the relations identified. Results confirm that, across both jurisdictions, illegality under either trade or human rights regimes, and with or without the additional involvement of an international court, have a statistically significant negative effect of public support for a policy. They further identify a greater negative effect where an international court has confirmed this illegality, although this result is statistically significant in only one case. They do not identify any statistically significant difference in the support depressing effect of illegality under the trade regime compared to the human rights regime. (shrink)

Previous research (e.g., Horiuchi, Goldsmith, and Inoguchi, 2005) has shown some intriguing patterns of effects of several variables on international public opinion about US foreign policy. But results for the theoretically appealing effects of regime type and post-materialist values have been weak or inconsistent. This paper takes a closer look at the relationship between these two variables and international public opinion about US foreign policy. In particular, international reaction to the wars in Afghanistan (2001) and Iraq (2003) (...) are examined using two major multinational surveys. The conclusions of previous research are largely reinforced: neither regime type nor post-materialist values appears to robustly influence global opinion on these events. Rather, some central interests, including levels of trade with the US and NATO membership, and key socialized factors, including a Muslim population, experience with terrorism, and the exceptional experiences of two states (Israel, Albania) emerge as the most important factors in the models. There is also a consistent backlash effect of security cooperation with the US outside of NATO. A discussion of these preliminary results points to their theoretical implications and their significance for further investigation into the transnational dynamics of public opinion and foreign policy. (shrink)

The international investment regime has come under increasing scrutiny, with several developing countries withdrawing from bilateral investment treaties in recent years. A central worry raised by c...

The global economy’s centre of gravity is shifting. Emerging and developing countries have been contributing over 50% of the global GDP since the onset of the 21st century, which is unprecedented since the Industrial Revolution. This article offers the first analysis of the creeping convergence of the BRIC world (ie Brazil, Russia, India and China) with global legal standards in a key area of International Law: the International Tax Regime (ITR). The ITR is a legal technology fundamentally designed (...) by the League of Nations in the 1920s, when the BRICs played no relevant role. This article proposes a theory that aims to illuminate the core driving forces of the on-going trend towards global convergence in this area of International Law from both the static and dynamic dimensions. It is grounded on the logic of two-sided platforms. (shrink)

This article argues that the extension of the international regime of human rights to companies has not changed the essentially state-centric nature of the regime. The analysis focuses on three recent United Nations initiatives: (1) 'Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights', (2) the Global Compact, and (3) the work of the UN special representative on business and human rights. The analysis shows that, despite these initiatives, states are the primary (...) holders of human rights obligations and have a key role in the decision making and enforcement of the regime. Companies have participated to the regime, but they have done so mainly through lobbying governments and thus enforcing the role of states. The analysis also shows that the engagement of new actors to decision-making about the extension of regime norms is essential for norm adoption. Finally, the issue of non-compliant companies needs to be resolved before the regime can be considered established. (shrink)

Megaregional trade negotiations have become the subject of heated debate, above all in the context of the Transatlantic Trade and Investment Partnership and the Trans-Pacific Partnership. In this article, I argue that the justice of the global order suffers from its institutional fragmentation into regime complexes. From a republican perspective, which aspires to non-domination as a guiding principles and idea of global justice, regime complexes raise specific and important challenges in that they open the door to specific forms of domination. (...) I thereby challenge a more optimistic outlook in regime complexes, which paints a positive normative picture of regime complexes, arguing that they enable the enhancement of democracy beyond the state and, consequently, have the potential to reduce the democratic deficit in global governance. By drawing attention to how regime complexes reinforce domination-related injustice, this article contributes an original perspective on megaregionals and to exploring the implications of global justice as non-domination. (shrink)

Enthusiasts of the idea of globalization often view international human rights institutions as part of an emerging global governance regime. They claim that these institutions illustrate how state sovereignty is being diminished. This paper looks at the international system for thepromotion and protection of human rights aspart of normative globalization. It arguesthat this system does not constitute a systemof global governance, although in some areas itcomes close.

Institutionalized practices of collective justification are central for theorizing international fairness. Institutions matter because they play a significant part in the construal of fairness claims through the provision of internal standards for moral assessment. Conceptions of international fairness must spell out how collective justification works by addressing the jurisprudential and institutional issues at stake in the specification of the moral grounds for compliance with international institutions on the one hand and international civil disobedience on the other. (...) Theoretical models of institutions that do not pay attention to collective justification are inadequate on fairness grounds. More specifically, mainstream neoliberal institutionalist accounts of international regimes are deeply problematic when used in the normative evaluation of international institutions, as they offer the wrong benchmark for moral assessment, given their roots in a brand of exchange theory that is blind to the distribution of burdens and benefits from cooperation. (shrink)

Emanuel Copilaș ABSTRACT: The present article aims to offer a synoptic picture of communist Romania’s relations with Third World countries during the Ceaușescu regime. Within these relations, economic and geopolitical motivations coexisted along with ideological ones, thus making the topic one of the most interesting and relevant key for understanding RSR’s complex and cunning international...

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. (...) It covers the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

The law of military occupation, a doctrine developed at a time when war itself was not illegal, became something of an embarrassment after the UN Charter established a broad prohibition on the use of force.

Abstract The rapidly growing presence of private military and security contractors (PMSCs) in armed conflict and post-conflict situations in the last decade brought corresponding incidents of serious misconduct by PMSC personnel. The two most infamous events?one involving the firm formerly known as Blackwater and the other involving Titan and CACI?engendered scrutiny of available mechanisms for criminal and civil accountability of the individuals whose misconduct caused the harm. Along a parallel track, scholars and policymakers began examining the responsibility of states and (...) international organizations for the harm that occurred. Both approaches have primarily focused on post-conduct accountability?of the individuals who caused the harm, of the state in which the harm occurred, or of the state or organization that hired the PMSC whose personnel caused the harm. Less attention, however, has been paid to the idea of pre-conduct accountability for PMSCs and their personnel. A broad understanding of ?accountability for? PMSCs and their personnel encompasses not only responsibility for harm caused by conduct, but responsibility for hiring, hosting, and monitoring these entities, as well as responsibility to the victims of the harm. This article provides a comprehensive approach for analyzing the existing international legal regime, and whether and to what extent the legal regime provides ?accountability for? PMSCs and their personnel. It does so by proposing a practical construct of three phases based on PMSC operations?Contracting, In-the-Field, and Post-Conduct?with which to assess the various bodies of international law. (shrink)

At a time when many international relations scholars are qualifying their premature predictions of the withering of the state, Daniel Drezner's new book makes a compelling case for the continued centrality of the state in the process of globalization.

The present article aims to offer a synoptic picture of communist Romania’s relations with Third World countries during the Ceaușescu regime. Within these relations, economic and geopolitical motivations coexisted along with ideological ones, thus making the topic one of the most interesting and relevant key for understanding RSR’s complex and cunning international strategy. However, I intend to prove that mere pragmatism is not enough to comprehend the drive behind Ceaușescu’s diplomatic efforts in post-colonial Africa; ideological factors need also to (...) be taken into account. (shrink)

All authors in this symposium use a food regime perspective to ask questions about the present which—as these articles demonstrate—have several possible answers. History suggests a time perspective of 25–40 year cycles so far—a food regime 1870–1914, an experimental and chaotic era 1914–1947, and a food regime 1947–1973. It has been less than 40 years since 1973, when food regime analysts agree that a contested and experimental period began. There is no consensus on whether it has already ended or how (...) it might issue into a new food regime. The conversation is more fruitful than the conclusions. I intend these comments as an invitation to join in. (shrink)

Several nation states have reasons to halt the import of genetically modified organisms. The current international trend towards a regime of free trade makes such bans problematic. Whether a nation state is deemed justified in banning a certain product is strongly connected to discussions about what are acceptable criteria for proof of risk. The determination of these criteria hinges upon considerations of individual and national autonomy. This paper compares two different points of view in the debate: the WTO opposed (...) to the UN. A distinction between internal and external autonomy explains the differences in approach between the UN and the WTO. The conclusion is reached that adequate respect for autonomy requires a certain amount of flexibility in the criteria for proof of risk. (shrink)

This paper draws upon Hannah Arendt's idea of the 'right to have rights' to critique the current protection gap faced by refugees today. While refugees are protected from refoulement once they make it to the jurisdiction or territory of a state, they face an ever-increasing array of non-entrée policies designed to stymie access to state territory. Without being able to enter a state capable of securing their claims to safety and dignity, refugees cannot achieve the rights which ought to be (...) afforded to them under international law. Drawing upon both legal theory and political philosophy, this paper argues that refugees today, just as the stateless in Arendt’s time, must be afforded the ‘right to have rights’, understood as a right to enter state territory. (shrink)

In September 2002 the President of the United States issued a new National Security Strategy. Under the impact of 9/11 the authors of this NSS argue that the United States needs to pre-emptively attack rogue states that try to develop weapons of mass destruction (WMD) and have links to terrorists who might use these WMDs against the United States or its allies. This article analyzes this so-called ?Bush doctrine? asking about its legality, justice and feasibility in the present world order. (...) Furthermore, it attempts to show which underlying tacit assumptions the authors of the NSS must make to give their argument for a right to forcible regime change plausibility. To do so the NSS is being contrasted with a realistic utopian concept of an idealized international order in which preventive defense and regime change might seem justifiable. (shrink)

In this article we consider what form a future supranational animal protection regime might take. We conclude that no such regime exists at present, although one is likely to develop over the next couple of decades, with two viable options already on the horizon. One model would see the role of the World Organisation for Animal Health (OIE) extended, whereas the other would occur within the context of the United Nations (UN). The former would suit agricultural interests, whereas the latter (...) would probably appeal to so-called new welfarists. However, neither is likely to satisfy animal rights advocates because both regimes assume animals can be legitimately traded and utilized as means to human ends. (shrink)

Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal (...) regime to develop. We survey the new global regulatory systems in the actuarial, banking and accounting fields, with a view to showing how the need to deal reasonably with risk has resulted in an international de facto law solidly based on correct abstract principles of probability. (shrink)

This article examines the ways that state sexual regimes intersect with migration controls to re-make exclusionary nation-states and geopolitical hierarchies among women. I focus on two important Irish Supreme Court rulings: the X case (1992) and the O case (2002), respectively. X was a raped, pregnant, 14-year-old who sought an abortion in Britain. While the Supreme Court ultimately permitted her to procure an abortion, women's right to travel across international borders without government inquiry into their reproductive status came (...) into question. The O case concerned a Nigerian asylum seeker who invoked the fact that she was pregnant in an effort to avoid deportation. The Supreme Court, however, affirmed that she could be deported, despite the Irish Constitution's pledge to protect the ‘right to life of the unborn.’ Considered together, these cases reveal how overlapping sexual/migration control regimes both reinscribe hierarchies among women based on geopolitical location, and rebound the exclusionary nation-state despite growing transnationalism. (shrink)

The article addresses the issue of dynamics of science, in particular of new sciences born in twentieth century and developed after the Second World War (information science, materials science, life science). The article develops the notion of search regime as an abstract characterization of dynamic patterns, based on three dimensions: the rate of growth, the degree of internal diversity of science and the associated dynamics (convergent vs. proliferating), and the nature of complementarity. The article offers a conceptual discussion for the (...) argument that new sciences follow a different pattern than established sciences and presents preliminary evidence drawn from original data in particle physics, computer science and nanoscience. (shrink)

We argue that the post-9/11 environment has amounted to a substantive change in the longstanding United States relationship with the international human rights regime. We identify three distinct phases of that relationship, noting that in the most recent phase, since 9/11, the US has moved from passive support of the international human rights regime to a direct attack of that regime. Realist and liberal regime theories suggest that the human rights regime is relatively weak, and is unlikely to (...) withstand such an attack. We find that the regime has not only continued to persist, but has flourished even as US support has faltered. The human rights regime is surprisingly strong. We argue it is the ideological nature of the regime that explains its resilience, which suggests that constructivist theory is necessary to fully understand the human rights regime. (shrink)

Food regime theory focuses upon the dynamics, and agents, of change in capitalist food and farming systems. Its exponents have been able to identify relatively stable periods of capital accumulation in the agri-food industries, along with the periods of transition. Recently, scholars have argued that—following a first food regime based upon colonial trade in bulk commodities like wheat and sugar, and a second food regime typified by industrial agriculture and manufactured foods—there is an emerging third food regime. This new regime (...) is one that is lead by global corporations that are profiting from the re-organisation of agri-food chains. The delivery of ‘fresh/healthy’ foods is one manifestation; another is the sale, by supermarkets, of ready-meals and other own-brand products. This paper argues that behind the movement to a putative Third Food Regime are changes to the financial system. ‘Financialisation’—the increased influence of finance capital on the agri-food system—not only provides new opportunities for profit-making by hedge funds and private equity consortia, but also creates a situation in which agri-food companies, including food manufacturers, international commodity traders and supermarkets, may benefit. Supermarkets for example, are moving into banking, and are altering their role as they move from being retailers of products, into the provision of capital. Food regime theory needs to consider what lies ‘behind’ the transformation of food and fibre production, to examine not only the role of finance capital in re-shaping relations up and down the agri-food supply chain, but also investigating the tendency for agri-food capitals to seek profits from financial transactions. (shrink)

Since the mid-1980s, internal corporate investigations have become commonplace in the U. S., with an upsurge occurring as a result of the corporate scandals of 2001-02 involving Adelphi Communications Corporation, Enron, Merck & Company, Riggs Bank, and other companies accused of financial malfeasance. After an introduction, this article first presents the U. S. public policy framework (as implemented through the U. S. Sentencing Commission, the U. S. Department of Justice, and the Securities and Exchange Commission) encouraging the use of corporate (...) internal investigations and self-reporting of these results to federal authorities; second, evaluates this framework, identifying the public policy issues inhibiting companies from using corporate internal investigations and self-reporting significant results; third, proposes a policy incentive regime which attempts to ameliorate these outstanding issues; and fourth, offer policy recommendations and suggestions for further research on this topic, including increasing the maximum deduction in the Organizational Sentencing Guidelines Culpability Score available to a firm for development of an Effective Compliance and Ethics Program (from 3 to 5 points), and self-reporting the results of an internal investigation (from 5 to 7 points); evaluating the effectiveness of these enhancements in legal incentives over a period of 5-7 years after implementation; instituting a formal federal government effort to educate the American business community on the corporate reputation (and financial) benefits of an effective compliance program; and protecting attorney-client privilege and work product protection, through legislative action, to encourage company executives and directors to utilize independent, outside attorneys to conduct fair, comprehensive, and impartial internal investigations. (shrink)

This paper seeks to establish a connection between the existence of a legal system and the ideal of the rule of law. Its point of departure is the phenomenon of a transitional regime that is attempting to restore or institute the rule of law. Lon Fuller's formulation of the canons of the rule of law as an internal morality of law is expounded as well as his notion of legal pathology as symptomatic of departure from the canons' requirements. The existence (...) of a legal system, it is argued, is a matter of degree, covariant with the degree to which the rule of law is realized. Problems inherent to the implementation of the rule of law are examined, such as the effect of the passage of time on reasonable expectations. While legal pathology is always a matter of degree, police states are shown to suffer seriously from it. Among the examples discussed are Nazi Germany and Communist East Germany, though it is granted that there are moral differences between them. Finally, a response is made to some contemporary critiques of the rule of law. (shrink)

An increasingly complex governance architecture has become a major characteristic of current global environmental governance, often resulting in different degrees of complexity and fragmentation within global environmental regimes. Social learning processes are introduced by scholars and policy makers alike as management approaches for governing complex dynamic systems in situations that feature a high degree of complexity and uncertainty. Scholars argue that actors in complex environmental issue areas can learn in their social context and could develop the necessary knowledge, attitudes (...) and behaviour to enhance their capacity to effectively address the environmental problem. This is where this article picks up the discussion and assesses the impact of a regime’s complexity on its learning capabilities. It further identifies major drivers and barriers of regime learning processes in international environmental regimes. (shrink)

This study investigates the interrelation of outer appearance and spatial configuration of modern Chinese court buildings with the party-state’s strategy of building regime legitimacy. The spatial element of this relation is explored in four different court buildings in Kunming, Chongqing, Shanghai and Xi’an. It is argued that court buildings contribute to the empowerment of individuals who appear as parties in trials. Courthouses also facilitate the courts’ function of exercising social control and the application of an instrumentalist approach to the principle (...) of public trials. Both the grounding of court buildings in the past and their compliance with international models of a modern independent judiciary are aspects of consolidating regime legitimacy. (shrink)

The US food regime maintained some degree of stability in terms of prices and production levels for commodities in the world economy. This food regime, resting on supply management policy, began to falter in the early 1970s. In the late-1980s and 1990s, notable changes occurred in the world economy regarding agriculture as the food regime became more market-oriented. The end of the twentieth century saw the breakdown of many institutions, organizations, and international agreements that had tried to stabilize prices (...) and production from 1945 to 1975. This paper examines this period of change and explores the effects on five commodities: cocoa, coffee, corn, soybeans, and wheat. These commodities offer important points of comparison. First, while cocoa, coffee, and wheat were regulated by international organizations and agreements, corn and soybeans were not. Second, the US dominated the international corn and soybean markets, but the cocoa, coffee, and wheat markets were much more competitive. And third, corn, soybeans, and wheat were commodities largely produced in the core of the world economy, while cocoa and coffee were produced in the periphery. Thus, comparing the effect of the fall of the US food regime on these commodities reveals the importance of previous regulation, the level of market competition, and geographic origin in the world economy. (shrink)

Recent findings in epigenetics have been attracting much attention from social scientists and bioethicists because they reveal the molecular mechanisms by which exposure to socioenvironmental factors, such as pollutants and social adversity, can influence the expression of genes throughout life. Most surprisingly, some epigenetic modifications may also be heritable via germ cells across generations. Epigenetics may be the missing molecular evidence of the importance of using preventive strategies at the policy level to reduce the incidence and prevalence of common diseases. (...) But while this “policy translation” of epigenetics introduces new arguments in favor of public health strategies and policy-making, a more “clinical translation” of epigenetics is also emerging. It focuses on the biochemical mechanisms and epigenetic variants at the origin of disease, leading to novel biomedical means of assessing epigenetic susceptibility and reversing detrimental epigenetic variants. In this paper, we argue that the impetus to create new biomedical interventions to manipulate and reverse epigenetic variants is likely to garner more attention than effective social and public health interventions and therefore also to garner a greater share of limited public resources. This is likely to happen because of the current biopolitical context in which scientific findings are translated. This contemporary neoliberal “regime of truth,” to use a term from Michel Foucault, greatly influences the ways in which knowledge is being interpreted and implemented. Building on sociologist Thomas Lemke's Foucauldian “analytics of biopolitics” and on literature from the field of science and technology studies, we present two sociological trends that may impede the policy translation of epigenetics: molecularization and biomedicalization. These trends, we argue, are likely to favor the clinical translation of epigenetics—in other words, the development of new clinical tools fostering what has been called “personalized” or “precision” medicine. In addition, we argue that an overemphasized clinical translation of epigenetics may further reinforce this biopolitical landscape through four processes closely related to neoliberal pathways of thinking: the internalization and isolation of socioenvironmental determinants of health and increased opportunities for commodification and technologicalization of health care interventions. (shrink)

It is true that international institutions do not command the primary loyalty among the peoples of the world that would allow them the opportunity to legislate in favor of social justice. They do, however, command strong political backing from the most important political actors in world politics — namely, states. In addition, virtually all international organizations integrate nongovernmental organizations into their deliberative processes. Present globalization trends are increasing economic disparities between and within countries, but most regimes do (...) provide poorer states with special provisions that can be used to protect their economic interests. Also, some have clearly benefited from economic openness. In the long term, it will be surprising if states do not address the problem of growing economic gaps through international regimes, although the likely adequacy of their responses is open to question. (shrink)