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Full-Text Articles in Political Science

Soft Law As Foreign Relations Law, Jean Galbraith Jan 2014

Soft Law As Foreign Relations Law, Jean Galbraith

Faculty Scholarship at Penn Law

The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they conclude with their foreign counterparts. But that understanding has led courts and scholars to raise questions about whether soft law made abroad can possibly meet the doctrinal requirements of the domestic discipline. This Article proposes a new doctrinal understanding of soft law implementation. It argues that, properly understood, soft law implementation lies at the intersection ...


The Oxford Guide To Treaties; Edited By Duncan B. Hollis; Recent Books On International Law: Book Reviews, Jean Galbraith Jan 2014

The Oxford Guide To Treaties; Edited By Duncan B. Hollis; Recent Books On International Law: Book Reviews, Jean Galbraith

Faculty Scholarship at Penn Law

This is a review of The Oxford Guide to Treaties (2012), edited by Duncan B. Hollis.


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 ...


Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith Jan 2014

Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith

Faculty Scholarship at Penn Law

No abstract provided.