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Full-Text Articles in Political Science

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival Jan 2018

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival

Faculty Scholarship at Penn Law

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo Sep 2016

Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Faculty Scholarship at Penn Law

American constitutional law scholars have long questioned whether courts can really drive social reform, and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India — spurred by developments in a special type of legal action developed in the late 1970s known as “public interest litigation,” or “PIL” — have only recently begun questioning the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged, and optimism that ...


Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons Mar 2016

Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons

Faculty Scholarship at Penn Law

Whether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications ...


Power Shifts In International Law: Structural Realignment And Substantive Pluralism, William W. Burke-White Jan 2015

Power Shifts In International Law: Structural Realignment And Substantive Pluralism, William W. Burke-White

Faculty Scholarship at Penn Law

For most of the past sixty years, the United States and Europe have led, independently and collectively, the international legal system. Yet, the rise of the BRICs over the past decade has caused a profound transformation of global politics. This paper examines the implications of this redistribution of power for international law. While international lawyers have long debated the ability of law to constrain state behavior, this paper shifts the debate from the power of law to the role of power within international law. It first advances a structural argument that the diffusion, disaggregation, and issue-specific asymmetries in the distribution ...


East Asia, Investment, And International Law: Distinctive Or Convergent?, Beth A. Simmons Jan 2015

East Asia, Investment, And International Law: Distinctive Or Convergent?, Beth A. Simmons

Faculty Scholarship at Penn Law

International investment agreements (IIAs) are the primary legal instruments designed to protect and encourage foreign direct investment world-wide. This article argues that Asia has used IIAs just as much as have other regions of the world to attract foreign direct investment, but that Asia’s pattern of agreement provisions is somewhat distinctive. States in East and Southeast Asia have tended to enter into agreements that strike a balance somewhat more favorable to host states than to foreign firms, at least when compared to the rest of the world. This may be due to high growth in the region, which tends ...


Ending Security Council Resolutions, Jean Galbraith Jan 2015

Ending Security Council Resolutions, Jean Galbraith

Faculty Scholarship at Penn Law

The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the future. The ...


Crimea And The International Legal Order, William W. Burke-White Jan 2014

Crimea And The International Legal Order, William W. Burke-White

Faculty Scholarship at Penn Law

A key balance between two of the most fundamental principles of the post-World War II international legal and political order is at stake today in Ukraine. Particularly in its annexation of Crimea, Russia has exploited the tension between a fundamental principle that prohibits the acquisition of territory through the use of force and an equally fundamental right of self-determination. Russia’s reinterpretation of these two principles could well destabilize the tenuous balance between the protection of individual rights and the preservation of states’ territorial integrity that undergirds the post World War II order. In determining the precedent that will be ...


Rewards For Rights Ratification? Testing For Tangible And Intangible Benefits Of Human Rights Treaty Ratification, Richard Neilsen, Beth A. Simmons Jan 2012

Rewards For Rights Ratification? Testing For Tangible And Intangible Benefits Of Human Rights Treaty Ratification, Richard Neilsen, Beth A. Simmons

Faculty Scholarship at Penn Law

Among the explanations for state ratification of human rights treaties, few are more common and widely accepted than the conjecture that states are rewarded for ratification by other states. These rewards are expected to come in the form of tangible benefits—foreign aid, trade, and investment—and intangible benefits such as praise, acceptance, and legitimacy. Surprisingly, these explanations for ratification have never been tested empirically. We summarize and clarify the theoretical underpinnings of “reward-for-ratification” theories and test these propositions empirically by looking for increased international aid, economic agreements, and public praise and recognition following ratification of four prominent human rights ...


Treaty Compliance And Violation, Beth A. Simmons Nov 2009

Treaty Compliance And Violation, Beth A. Simmons

Faculty Scholarship at Penn Law

International law has enjoyed a recent renaissance as an important subfield of study within international relations. Two trends are evident in the recent literature. First, the obsession with theoretical labels is on the decline. Second, empirical, especially quantitative, work is burgeoning. This article reviews the literature in four issues areas — security, war, and peace; international trade; protection of the environment; and human rights — and concludes we have a much stronger basis for assessing claims about compliance and violation now than was the case only a few years ago. Still, the literature suffers from a few weaknesses, including problems of selection ...


Law Across Borders: What Can The United States Learn From Japan?, Eric Feldman Jan 2009

Law Across Borders: What Can The United States Learn From Japan?, Eric Feldman

Faculty Scholarship at Penn Law

No abstract provided.


The Domestic Influence Of International Criminal Tribunals: The International Criminal Tribunal For The Former Yugoslavia And The Creation Of The State Court Of Bosnia & Herzegovina, William W. Burke-White Jan 2008

The Domestic Influence Of International Criminal Tribunals: The International Criminal Tribunal For The Former Yugoslavia And The Creation Of The State Court Of Bosnia & Herzegovina, William W. Burke-White

Faculty Scholarship at Penn Law

International criminal tribunals are often criticized for having minimal influence on the states over which they exercise jurisdiction. This article argues that the International Criminal Tribunal for the Former Yugoslavia has had a far more positive impact on domestic governance in Bosnia & Herzegovina than previously assumed by both the academic and policy communities. The article develops a theoretical model to explain the impact of international criminal tribunals on domestic governance and tests that model against the ICTY¹s influence in Bosnia. More specifically, the article advances the claim that the nature of the tribunal¹s jurisdictional relationship with domestic judicial institutions and ...


The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter Jul 2006

The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter

Faculty Scholarship at Penn Law

No abstract provided.


International Legal Pluralism, William W. Burke-White Jul 2004

International Legal Pluralism, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Human Rights And National Security: The Strategic Correlation, William W. Burke-White Jan 2004

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank Jan 2004

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle Jan 2004

Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White Jan 2003

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter Jan 2002

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

Faculty Scholarship at Penn Law

No abstract provided.


Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle Jan 2002

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White Jul 2001

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Conflict Of Rights And The Outbreak Of The First World War, Leo Katz Jan 2001

Conflict Of Rights And The Outbreak Of The First World War, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle Jul 1999

Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle Jan 1997

Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Hong Kong's Endgame And The Rule Of Law (Ii): The Battle Of "The People" And The Business Community In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane Jan 1997

Hong Kong's Endgame And The Rule Of Law (Ii): The Battle Of "The People" And The Business Community In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane

Faculty Scholarship at Penn Law

No abstract provided.


Hong Kong's Endgame And The Rule Of Law (I): The Struggle Over Institutions And Values In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane Jan 1997

Hong Kong's Endgame And The Rule Of Law (I): The Struggle Over Institutions And Values In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane

Faculty Scholarship at Penn Law

No abstract provided.


Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle Jan 1996

Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle Jan 1995

Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Foreign Investment: Foreign Economic Contract Law, Jacques Delisle Jan 1986

Foreign Investment: Foreign Economic Contract Law, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.