Indiana Journal of Global Legal Studies articles from January 2008

Indiana Journal of Global Legal Studies archives from January 2008

Global panopticism: states, corporations, and the governance effects of monitoring regimes.(Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive...

The Foreign Corrupt Practices Act, OPIC, and the retreat from transparency.(Overseas Private Investment Corp.)(Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT This article argues that the current intersection of the Foreign Corrupt Practices Act (FCPA) and the Overseas Private Investment Corporation (OPIC) is turning U.S. investment and aid policy in a direction that neither addresses...

Democratization: the contribution of fair trade and ethical trading movements.(Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT De-democratization and institutional corruption threaten equality among the expanding global market community. International treaties have been largely unsuccessful because they are designed to favor the more politically and...

Customary transnational law: attacking the last resort of state sovereignty.(Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT In the Westphalian State, Customary International Law (CIL) has traditionally been informed by high-level state action among close neighbors. However, it is no longer a foregone conclusion that CIL is resistant to the influences...

From agitation to institutionalization: the student anti-sweatshop movement in the new millennium. (Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT This article provides an overview of the student anti-sweatshop movement and argues that the movement has been somewhat successful at changing policies. The primary objectives are twofold: first, to supplement existing literature...

Rethinking NGOs: the economy of survival and global governance. (nongovernmental organizations) (Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT This article explores the concept of "global politics," an evolving set of systems that undermine our traditional view of government. These underlying systems, including Non-Governmental Organizations (NGOs), exert great influence...

A theory of open-source anarchy.(Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT The rise of the importance of non-State actors in global politics challenges existing theories of international relations, and this article presents a new approach to the non-State actor phenomenon by developing a "theory of...

Privatization and public law values: a view from France. (Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT This article uses a comparative approach to explore privatization and its consequences on public law values. It discusses the French model for protecting these values, which limits the scope of privatization and applies a legal...

Reconstructing contemporary democracy.(Symposium on Democracy and the Transnational Private Sector)
January 1, 2008... ABSTRACT Democratic practice varies historically, and transformations of the societal context require accompanying reconstructions of democracy if "rule by the people" is to remain meaningful. Contemporary society is witnessing...

The WTO and domestic political disquiet: has legalization of the global trade regime gone too far?
January 1, 2008... ABSTRACT The recent "legalization" of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups....

The Hague Convention: the problems with accession and implementation.
January 1, 2008... ABSTRACT The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("the Hague Convention") was developed to enable adoptions to proceed according to the "the best interests of the child with...

Bottom-up lawmaking: the private origins of transnational law.
January 1, 2008... ABSTRACT This article introduces one way in which the private sector makes law--bottom-up transnational lawmaking. While this article explores one example in depth--the Berne Union's regulation of export credit insurance--it concludes that...

The relationship of participatory democracy to participatory law formation.
January 1, 2008... ABSTRACT While the traditional doctrinal formulation of customary international law (CIL) has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of...

Securing the global city: crime, consulting, risk, and ratings in the production of urban space.
January 1, 2008... ABSTRACT The last decade has witnessed the rise of private transnational institutions that increasingly influence the organization and management of urban space. Two institutions are especially powerful in this regard: bond-rating agencies...