Indiana Journal of Global Legal Studies articles from January 2003

Indiana Journal of Global Legal Studies archives from January 2003

Errata.
January 1, 2003... Please note the following changes in Volume 9, Issue 2 of the Indiana Journal of Global Legal Studies. p. 555: The following introduction should be substituted in the Book Review of Professor Margaret Somerville's book The Ethical...

The participation of states and citizens in global governance. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... The pursuit of global democratic governance cannot be confined to global institutions; national state institutions and nation-based citizens need to be part of this project. In this lecture, I want to map a variety of mechanisms and dynamics...

Exercising public authority beyond the state: transnational democracy and/or alternative legitimation strategies? (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION The question of the legitimacy of exercising public authority, or more precisely, the legitimacy of governance or government, has been discussed since ancient times. There is a formidable host of literature on the topic,...

The emergence of democratic participation in global governance (Paris, 1919). (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... The theme of this Tenth Anniversary issue, "Globalization and Governance: The Prospects for Democracy," is a fitting and timely topic. By way of introduction, this article will begin by discussing each of these concepts briefly. ...

The Community political order. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... It is self-evident that the European Economic Community's political order has evolved over time. Understanding the nature of this evolution and, the forces which drove it, is more difficult. This paper attempts to explicate this development....

Globalization, democracy, and the need for a new administrative law. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION American administrative law is inextricably linked with the history of the relationship of the market to the state. This relationship, especially at the federal level, has varied overtime, from the laissez-faire economic...

Government to state: globalization, regulation, and governments as legal persons. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION Is the state dead, in retreat, or increasingly significant? Much of the globalization literature disputes these questions. (1) Responses tend to vary according to the discipline invoked and its preexisting assumptions about...

The impact on public law of privatization, deregulation, outsourcing, and downsizing: a Canadian perspective. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION Over the past decade, Canada, following the lead of other Western democracies, has engaged in numerous, and at times fundamental, experiments in reducing or reconfiguring the role played by government. These experiments have...

Achieving sustainable development: the centrality and multiple facets of integrated decisionmaking. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... The biggest challenge for sustainable development in coming decades will be to operationalize it: to make it occur, or to make an effective transition toward it, in communities, places, and businesses all over the world. Very few seriously...

Democracy in global environmental governance: issues, interests, and actors in the Mekong and the Rhine. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION This paper presents a study of the Mekong River Commission (MRC) and the International Commission for Protection of the Rhine (ICPR). The primary focus of this study is to analyze and explain how the issues, interests, and...

The democratization process and structural adjustment in Africa. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION Africa's problems are myriad and complex. However, most scholars of Africa agree that one particular issue that continues to bedevil African countries is how to establish democratic nation-states with institutions that promote...

Contract of mutual (in)difference: governance and the humanitarian apparatus in contemporary Albania and Kosovo. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION In his book Le malheur des autres, Bernard Kouchner, the founder of Medecins Sans Frontieres and the former French Health Minister, wrote that "[h]umanitarian activities have become customary." (1) Kouchner's statement points...

A theory of imperial law: a study on U.S. hegemony and the Latin resistance. (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... INTRODUCTION This essay attempts to develop a theory of imperial law that is able to explain post-Cold War changes in the general process of Americanization in legal thinking. My claim is that "imperial law" is now a dominant layer of...

Empire's law. (Michael Hardt and Antonio Negri's book 'Empire') (Globalization and Governance: The Prospects for Democracy)
January 1, 2003... On March 7, 2002, Professor Marks delivered the sixth annual Snyder Lecture at the Indiana University School of Law--Bloomington. In their recent book Empire Michael Hardt and Antonio Negri make the claim that Empire is materializing...