Topic 3: Sites and Types of Global Lawmaking

A. Human Rights Law

1. Overview: Conditions for an International Humanitarian Regime

What Is Legal Liberalism?

War Crimes Legalism Is More than an Ideal
Universal Culture Is in Tension with Local Culture
Victors' Justice Versus War Crimes Tribunals

What Are the Conditions for Legal Liberalism?

Creating Living Law from Legal Theory

Precipitating Event

How Rape Became a Crime Against Humanity

Political Opportunity

Human Rights Fail During the Cold War

Regularized Patterns of Action

From Vengeance to Justice at Nuremberg
The Role of NGOs in Making UN Law
International Law to Cosmopolitan Law

Interpretive Framework

The Politics of Culture in International Law
From Vengeance to Justice at Nuremberg

“Conversion” Experiences

How One Man Put Genocide on the World's Conscience
Creating Living Law from Legal Theory

2. Overview: Developing International Human Rights in the 20th Century

Nuremberg and Beyond

Laying the Groundwork for International Humanitarian Law
From Vengeance to Justice at Nuremberg
Creating Living Law from Legal Theory
War Crimes Legalism Is More than an Ideal

Human Rights and the Cold War

Laying the Groundwork for International Humanitarian Law
The Development of Human Rights Language

The Fall of Communism

The Development of Human Rights Language

Impetus: Genocide in the Late 20th Century

The Politics of Culture in International Law

The International Criminal Court

How Rape Became a Crime Against Humanity
International Courts Are Subject to the Politics of Persuasion

3. Overview: War Crimes Tribunals and International Rights

Why Do States Use International War Crimes Tribunals?

Laying the Groundwork for International Humanitarian Law
Creating Living Law from Legal Theory
When Do Liberal Nations Support War Crime Tribunals?
Victors' Justice Versus War Crimes Tribunals
How One Man Put Genocide on the World's Conscience
Why the U.S. Has Failed to Stop Genocide
The Role of NGOs in Making UN Law

How Might States Shirk Their Responsibilities in International Human Rights?

When Do Liberal Nations Support War Crime Tribunals?
Why the U.S. Has Failed to Stop Genocide

B. Business and Market Regulation

1. Overview: Coordinating Understandings, Expectations and Actions in the Regulation of Global Business

Two Eras of Globalization and the Gap between
Conflicts over Double Taxation
How Are Global Business Regulations Created?
Types of Norms for Business Regulation

Rational Markets Are Key

Four Sites of Struggle over Global Law

2. Overview: Defining the Rules of the Game in Global Business Regulation

Types of Norms for Business Regulation

The Rules of the Game

Three Things Distinguish Hard from Soft Law
When Is an International Tribunal Independent or Effective?
Creating Global Law Involves Fights for Legitimacy

Coordinating Action

How Are Global Business Regulations Created?

Power and Influence

How Are Global Business Regulations Created?
Creating the International Field of Commercial Arbitration
Why Do States Delegate Authority to Independent International Tribunals?
How Countries Resist Global Institutions
General Features of Global Business Regulation
How to Resist Transplanted Law: Indonesia
How to Resist Transplanted Law: China
How Is Law Made at the WTO?

3. Overview: Relationships, Forums and Tools Are Vital for Global Business Regulation

Webs of Influence

General Features of Global Business Regulation
How is Law Made at the WTO?
Public-Private Networks Shape International Commercial Law
Information Is Indispensable for Regulating International Banking
Conflicts over Double Taxation

Forums

How UNCITRAL Overcame Challenges to Create Global Insolvency Norms
How Is Law Made at the WTO?
Conflicts over Double Taxation
How the International Monetary Fund Created Insolvency Law
How the World Bank Created Insolvency Law
How the European Bank for Reconstruction and Development Created Insolvency Law
UNCITRAL's Challenges When Creating Global Insolvency Norms
The Role of NGOs in Making UN Law

Tools and Technologies

Creating Global Law Involves Fights for Legitimacy
How UNCITRAL Overcame Challenges to Create Global Insolvency Norms
Disseminating Tools to Help National Insolvency Regimes

C. International Courts and Adjudicatory Agencies

1. Overview: States and Dispute Settlement: Using Third Parties

Trading Sovereignty for Help Settling Disputes

International Law to Cosmopolitan Law
International Court Independence: Where Posner and Yoo Went Wrong

Benefits of Using Third Parties to Settle Disputes

Courts Versus Arbitration in Settling Disputes among States
Creating the International Field of Commercial Arbitration
How Is Law Made at the WTO?
Why Might States Use International Tribunals?

2. Overview: Dependent Dispute Settlement Tools

When Are States Likely to Use Dependent Dispute Settlement Mechanisms?

When Is an International Tribunal Independent or Effective?
Why Do States Delegate Authority to Independent International Tribunals?
International Courts Are Subject to the Politics of Persuasion

Some Issues Threaten State Sovereignty More than Others

When Might Soft Law Be Preferable to Hard Law?

When Compromise and Flexibility Are Critical

Courts Versus Arbitration in Settling Disputes among States
The Politics of Culture in International Law

Situations of High Uncertainty

When Might Soft Law Be Preferable to Hard Law?
Courts Versus Arbitration in Settling Disputes among States

3. Overview: Independent Dispute Settlement Tools

When Is an International Tribunal Independent or Effective?

Greater Credibility

Why Do States Delegate Authority to Independent International Tribunals?

Some Transaction Costs Are Lower

States Grant International Tribunals the Authority to Make Law

Reduced Risk of Bias

Courts Versus Arbitration in Settling Disputes among States
International Courts Demonstrate Independence from Powerful States

Informal Settlement Is Always Available

International Courts are Subject to the Politics of Persuasion
How Is Law Made at the WTO?

Legal Decisions Are Subject to Public Review

International Judicial Lawmaking Has Its Limits
Even Independent International Tribunals Are Constrained

Greater Certainty and Consistency

States Grant International Tribunals the Authority to Make Law
Creating a Global Community of Courts

Monitoring Compliance

Why Do States Delegate Authority to Independent International Tribunals?

Taking into Account the Bigger Picture

Why Do States Delegate Authority to Independent International Tribunals?

Liberal States Are Constrained by Their Own Ideals

When Do Liberal Nations Support War Crime Tribunals?

Creating an International Moral Order

Creating Living Law from Legal Theory
International Law to Cosmopolitan Law
The Slow Birth of the World Trade Organization

4. Overview: International Court Influence

Is There a Relationship between Effectiveness and the Independence of International Courts?

What Is the Basis for the Influence of International Courts?

Courts Versus Arbitration in Settling Disputes among States
Why Do States Delegate Authority to Independent International Tribunals?
When Do Liberal Nations Support War Crime Tribunals?

How Is Court Influence Limited?

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