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A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
Pundits have observed that if so many incumbents are returned to Congress to each election by such wide margins, perhaps we should look for ways to increase competitiveness – a centerpiece to the American way of life – through redistricting. Do competitive elections increase voter satisfaction? How does voting for a losing candidate affect voters’ attitudes toward government? The not-so-surprising conclusion is that losing voters are less satisfied with Congress and their Representative, but the implications for the way in which we draw congressional and state legislative districts are less straightforward. Redistricting and Representation argues that competition in general elections is not the sine qua non of healthy democracy, and that it in fact contributes to the low levels of approval of Congress and its members. Brunell makes the case for a radical departure from traditional approaches to redistricting – arguing that we need to "pack" districts with as many like-minded partisans as possible, maximizing the number of winning voters, not losers.
A timely investigation into the conditions that make international agreements—and the institutions that enforce them—vulnerable. When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Although the international system lacks any central governing authority, states have created rules, particularly around international economic relations, and empowered international tribunals to enforce those rules. Just how successful are these institutions? In Delivering on Promises Lauren J. Peritz demonstrates that these international courts do indeed deliver results—but they are only effective under certain conditions. As Peritz sho...
Western liberal democracy has a dual foundation of limited government implementing the will of the majority and protecting individual autonomy within a sphere of fundamental rights. Under the rubric of universal human rights Western societies take for granted that they tolerate all religions and treat all persons equally. However, through globalization and immigration Western societies are increasingly finding non-Christian people in their midst. This pluralism is causing polities to rethink fundamental notions of the boundaries of religious freedom, equality, and state neutrality. Three countries whose systems are based on the Western liberal democratic philosophy and which are religiously ...
International organizations have come to play a central role in world politics. The authors present a major new attempt to explain the difference - and the similarities - between them, as well as their crucial role
Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development andcurrent concerns.Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time ...
The Twenty-First Century is witnessing an epic struggle between the forces of global governance and American constitutional democracy. Transnational progressives and pragmatists in the UN, EU, post-modern states of Europe, NGOs, corporations, prominent foundations, and most importantly, in America’s leading elites, seek to establish “global governance.” Further, they understand that in order to achieve global governance, American sovereignty must be subordinated to the “global rule of law.” The U.S. Constitution must incorporate “evolving norms of international law.” Sovereignty or Submission? examines this process with crystalline clarity and alerts the American public to the ...
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.
In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant d...