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