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The Democratic Foundations of Policy Diffusion
This book argues that laws spread around the world not through elite networks of technocrats, but through domestic democracy. It combines public opinion experiments, election campaign data, legislative debates, and policy adoption patterns to document how international models generated domestic support for health, family, and employment law reforms across rich democracies.
The Global South and Comparative Constitutional Law
Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
Pluralising International Legal Scholarship
This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
EU Law Stories
This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.
The Democracy Index
Despite howls for reform, the only thing separating us from another election disaster of the kind that hit Florida in 2000, and that almost struck again in Ohio in 2004, may simply be another close vote. In this lucid and lively book, Heather Gerken diagnoses what is wrong with our elections and proposes a radically new and simple solution: a Democracy Index that would rate the performance of state and local election systems. A rough equivalent to the U.S. News and World Report ranking of colleges and universities, the Index would focus on problems that matter to all voters: How long does it take to vote? How many ballots get discarded? How often do voting machines break down? And it should ...
The Global Reach of European Refugee Law
Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.
International Law as Behavior
Using a multi-disciplinary approach, this volume shows how international law shapes behavior.
Comparative International Law
"The chapters of this volume were presented at the twenty-seventh and twenty-eighth Sokol Colloquia on Private International Law, held at the University of Virginia School of Law in September 2014 and September 2015." -- Acknowledgments, p. [xi].
Refugee Protection and the Role of Law
Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘P...
