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Preface.
June 22, 2000... A collective work such as this one depends on a genuine community of scholars, and as Aristotle says, community depends on friendship (Politics Book IV, chapter xi, paragraph 7). All four editors have been friends for some time, and the origins...
Introduction: Legalization and World Politics.
June 22, 2000... In many issue-areas, the world is witnessing a move to law. As the century turned, governments and individuals faced the following international legal actions. The European Court of Human Rights ruled that Britain's ban on homosexuals in the...
The Concept of Legalization.
June 22, 2000... The subject of this volume is "legalization and world politics." "World politics" in this formulation needs no clarification, but "legalization"--the real focus of the volume--must be more clearly defined, if only because of its relative...
Hard and Soft Law in International Governance.
June 22, 2000... Contemporary international relations are legalized to an impressive extent, yet international legalization displays great variety. A few international institutions and issue-areas approach the theoretical ideal of hard legalization, but most...
Legalized Dispute Resolution: Interstate and Transnational.
June 22, 2000... International courts and tribunals are flourishing. Depending on how these bodies are defined, they now number between seventeen and forty. [1] In recent years we have witnessed the proliferation of new bodies and a strengthening of those that...
The European Union's Legal System and Domestic Policy: Spillover or Backlash?
June 22, 2000... The legal system of the European Union (EU) offers domestic actors a powerful tool to influence national policy. European law can be drawn on by private litigants in national courts to challenge national policies. These challenges can be sent...
NAFTA and the Legalization of World Politics: A Case Study.
June 22, 2000... In this article I analyze the North American Free Trade Agreement (NAFTA) in the context of a broader project examining the causes and consequences of the legalization of world politics. [1] Governments are continuously engaged in the process...
Legalization as Strategy: The Asia-Pacific Case.
June 22, 2000... Legalization of international institutions is often cast as a global phenomenon driven, through a functionalist logic, by increasing economic integration or the simple density of international relations in the late twentieth century. An...
The Legalization of International Monetary Affairs.
June 22, 2000... Sovereign control over money is one of the most closely guarded national prerogatives. [1] Creating, valuating, and controlling the distribution of national legal tender is viewed as an inherent right of a nation-state in the modem period. Yet...
Legalization, Trade Liberalization, and Domestic Politics: A Cautionary Note.
June 22, 2000... Political scientists attempt to explain why governments adopt the policies they do. In political models, policy is the result of calculated choices made by political and economic actors. Actors' resources, and their incentives to mobilize and...
International Human Rights Law and Practice in Latin America.
June 22, 2000... Human rights practices in Latin America provide a lens through which to examine the relationship between international law and domestic politics. International human rights norms are expressed in numerous widely ratified treaties. Many of those...
Conclusion: The Causes and Consequences of Legalization.
June 22, 2000... Legalization in contemporary world politics is a complex and varied mosaic rather than a universal and irreversible trend. Regional islands of high legalization, such as Europe, coexist with other regions that have largely rejected legalized...