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Topic 4: The Global Spread of Law

A. How Is Law Diffused Globally?

1. Overview: Perspectives on the Global Diffusion of Law

Networks

How Do Transnational Advocacy Networks Work?
Networks of Networks Create a New World Order

Webs

Translating Power in Globalization
Individuals Can Be Powerful Agents of Globalization

Flow

Making Global Human Rights into Local Reality

What Do These Metaphors Share?

When Are Transnational Advocacy Networks Most Likely to Be Effective?
Making Global Human Rights into Local Reality
Creating a Global Community of Courts
Modeling Law May Change Power Relations
General Features of Global Business Regulation
When Are Transnational Advocacy Networks Most Likely to Be Effective?
Organizations of States Are Important for Globalizing Business Regulation
Transnational Advocacy Networks and International Policy

2. Overview: Aspects of Diffusing Law Globally

Movement Metaphor

How One Man Put Genocide on the World's Conscience
How the European Bank for Reconstruction and Development Created Insolvency Law
Globalization Involves a Battle of Principles
Global Administrative Law Changes the International Legal Order

Conduits

Information Is Indispensable for Regulating International Banking
Human Rights Fail During the Cold War
International Arbitration Grows within the Continental Legal Context
How One Man Put Genocide on the World's Conscience
Five Challenges to Diffusing Women's Rights Law

Flowing Through

Individuals Can Be Powerful Agents of Globalization
A Technological Platform for Globalization
Translating Power in Globalization
From Vengeance to Justice at Nuremberg
How One Man Put Genocide on the World's Conscience
Organizations of States Are Important for Globalizing Business Regulation
Eight Reasons Why the UN Human Rights Committee Is Ineffective
Networks of Networks Create a New World Order
Global Administrative Law Imports Western Values

Reactions and Interpretations

Three Things Distinguish Hard from Soft Law
Globalization Involves a Battle of Principles
Making Global Human Rights into Local Reality
How Do Transnational Advocacy Networks Work?
When Are Transnational Advocacy Networks Most Likely to Be Effective?
How UNCITRAL Overcame Challenges to Create Global Insolvency Norms
When Might Soft Law Be Preferable to Hard Law?
Jurisdiction of the International Criminal Court
Businesses Play Key Roles in Globalizing Business Regulations
Global Administrative Law Imports Western Values

Meeting Resistance

Modeling Law May Change Power Relations
Epistemic Communities Provide the Basis for Globalization
Individuals Can Be Powerful Agents of Globalization
When Do Liberal Nations Support War Crime Tribunals?
General Features of Global Business Regulation
Who Regulates Money Laundering?
Even Independent International Tribunals Are Constrained
Politics and Justice in Creating the International Criminal Court
International Community Puts Pressure on National Lawmaking

Targets

Translation/Interpretation

Making Global Human Rights into Local Reality
Five Challenges to Diffusing Women's Rights Law

Implementation

How Actors Use Modeling to Diffuse Global Law
How to Resist Transplanted Law: Indonesia
How Countries Deal with Incomplete Law
Businesses Play Key Roles in Globalizing Business Regulations
Information Is Indispensable for Regulating International Banking

Resistance

Five Challenges to Diffusing Women's Rights Law
How Countries Resist Global Institutions
Limits on the Power of International Organizations
Why Has the IMF Failed Its Mission?
Why the U.S. Has Failed to Stop Genocide

Practice and Know-How

How Actors Use Modeling to Diffuse Global Law

Institutionalization and Procedure

Five Challenges to Diffusing Women's Rights Law
Global Administrative Law Changes the International Legal Order

Feedback

Making Global Human Rights into Local Reality
Shared Values Underlie a Global Community of Courts
States Grant International Tribunals the Authority to Make Law
How Do Transnational Advocacy Networks Work?
International Community Puts Pressure on National Lawmaking
Why the U.S. Has Failed to Stop Genocide

B. Who Gets a Voice in Diffusing Norms Globally?

1. Overview: Participation in Diffusing Global Norms

From Center to Periphery

Modeling Law May Change Power Relations
Small Groups Wield Big Influence in International Lawmaking
Small Groups Play Domestic and International Processes Against Each Other to Avoid Regulation
How Do Transnational Advocacy Networks Work?
The Role of NGOs in Making UN Law
Individuals Can Be Powerful Agents of Globalization
Transnational Advocacy Networks and International Policy
How to Make International Lawmaking More Democratic

When Is Diffusion from the Center a Good Thing?

Making Global Human Rights into Local Reality
The Origin of Anti-Female Genital Cutting Laws
International Community Puts Pressure on National Lawmaking
How Rape Became a Crime Against Humanity


Sources Analyzed for This Topic

Benvenisti, Eyal. 1999. "Exit and Voice in the Age of Globalization." Michigan Law Review 98:167-213.

How to Make International Lawmaking More Democratic

Small Groups Play Domestic and International Processes Against Each Other to Avoid Regulation

Small Groups Wield Big Influence in International Lawmaking

Boyle, Elizabeth H., and Sharon E. Preves. 2000. "National Politics as International Process: The Case of Anti-Female-Genital-Cutting Laws." Law & Society Review 34:703-737.

International Community Puts Pressure on National Lawmaking

The Origin of Anti-Female Genital Cutting Laws

Braithwaite, John, and Peter Drahos. 2000. Global Business Regulation. New York: Cambridge University Press. Ch. 20, pp. 475-506.

Businesses Play Key Roles in Globalizing Business Regulations

Epistemic Communities Provide the Basis for Globalization

Individuals Can Be Powerful Agents of Globalization

Organizations of States Are Important for Globalizing Business Regulation?

Translating Power in Globalization

What Role Do States Play in Globalizing Business Regulation?

Braithwaite, John, and Peter Drahos. 2000. Global Business Regulation. New York: Cambridge University Press. Ch. 21, pp. 507-531.

Globalization Involves a Battle of Principles

Braithwaite, John, and Peter Drahos. 2000. Global Business Regulation. New York: Cambridge University Press. Ch. 25, pp. 578-601.

How Actors Use Modeling to Diffuse Global Law

Modeling Law May Change Power Relations

Keck, Margaret E., and Kathryn Sikkink. 1998. Activists beyond Borders: Advocacy Networks in International Politics. Ithaca: Cornell University Press. Ch. 1, pp. 1-38.

How Do Transnational Advocacy Networks Work?

Transnational Advocacy Networks and International Policy

When Are Transnational Advocacy Networks Most Likely to Be Effective?

Merry, Sally Engle. 2006. Human Rights & Gender Violence: Translating International Law into Local Justice. Chicago: University of Chicago Press. Ch. 1, pp. 1-35.

Making Global Human Rights into Local Reality

Merry, Sally Engle. 2006. Human Rights & Gender Violence: Translating International Law into

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