Suchergebnisse
Filter
103 Ergebnisse
Sortierung:
High-tech Europe: the politics of international cooperation
In: Studies in international political economy 24
Technology and the state long ago forged bonds of mutual dependence. Each satisfies profound cravings of the other. The state nourishes technology with cash, making possible the grandiose projects that would otherwise be lustful dreams of technologists and engineers. By the same token, technology provides the state with industries, wealth, and tools of defense. In the late twentieth century, though, the relation between technology and the state appears unbalanced: Technology can survive without the modern state, but the reverse may not be true. The harnessing of technology to purposes dictated by nationalism is as old as the manufactories and arsenals of the European monarchies
Integration, supranational authority, and human rights
In: Journal of European public policy, S. 1-21
ISSN: 1466-4429
The ECtHR, transregional dialogues and global constitutionalism
In: Global constitutionalism: human rights, democracy and the rule of law, Band 9, Heft 3, S. 543-551
ISSN: 2045-3825
AbstractIn A Cosmopolitan Legal Order, Stone Sweet and Ryan suggest that 'from the standpoint of global law, we see that the [European Court of Human Rights] has taken its place in a pluralist, rights-based international order, as one trustee of this global order'. This article is a preliminary attempt to evaluate signs of movement toward global rights review. A multi-level charter of rights exists in the network of international and regional human rights treaties and in national constitutions. An incipient structure of global rights review exists in the form of the regional human rights courts, which see themselves as trustees of the larger global human rights system. Judicial dialogue among the regional courts allows for informal, decentralized coordination among them. The European Court of Human Rights serves as a point of reference for the African and Inter-American systems, though these also cite each other. Transregional judicial dialogue establishes a rudimentary, informal and decentralized mechanism of coordination among bodies that exercise a review function in the multi-level system of international human rights.
Human rights courts and global constitutionalism: Coordination through judicial dialogue
In: Global constitutionalism: human rights, democracy and the rule of law, Band 10, Heft 3, S. 439-464
ISSN: 2045-3825
AbstractInternational courts regularly cite each other, partly as a means of building legitimacy. This study aims to show that judicial dialogue among the regional human rights courts and the Human Rights Committee has an additional effect: it contributes to the construction of a rights-based global constitutionalism. Judicial dialogue among the human rights courts is purposeful because the courts see themselves as embedded in, and contributing to, a global human rights legal system. Cross-citation among the human rights courts advances the construction of rights-based global constitutionalism in that it provides a basic degree of coordination among the regional courts. The jurisprudence of the United Nations Human Rights Committee (HRC), as an authoritative interpreter of core international human rights norms, plays the role of a central focal point for the decentralized coordination of jurisprudence. Using original data, this study demonstrates the extent of citations among the regional human rights courts and from them to the HRC. The network of regional courts and the HRC is building an emergent institutional structure for global rights-based constitutionalism.
Human Rights Courts and Global Constitutionalism: Coordination through Judicial Dialogue
In: DOI: 10.1017/S2045381720000064.
SSRN
Norm Contestation, Robustness, and Replacement
In: Journal of global security studies, Band 4, Heft 1, S. 139-146
ISSN: 2057-3189
Resurgent Authoritarianism and the International Rule of Law
In: KFG Working Paper Series, No. 38, Berlin Potsdam Research Group "The International Rule of Law – Rise or Decline?"
SSRN
Working paper
Norm Contestation, Robustness, and Replacement
In: Sandholtz, Wayne. 2019. "Norm Contestation, Robustness, and Replacement." Journal of Global Security Studies 4(1): 139-46.
SSRN
Resurgent authoritarianism and the international rule of law
Modern rule of law and post-war constitutionalism are both anchored in rights-based limitations on state authority. Rule-of-law norms and principles, at both domestic and international levels, are designed to protect the freedom and dignity of the person. Given this "thick" conception of the rule of law, authoritarian practices that remove constraints on domestic political leaders and weaken mechanisms for holding them accountable necessarily erode both domestic and international rule of law. Drawing on political science research on authoritarian politics, this study identifies three core elements of authoritarian political strategies: subordination of the judiciary, suppression of independent news media and freedom of expression, and restrictions on the ability of civil society groups to organize and participate in public life. According to available data, each of these three practices has become increasingly common in recent years. This study offers a composite measure of the core authoritarian practices and uses it to identify the countries that have shown the most marked increases in authoritarianism. The spread and deepening of these authoritarian practices in diverse regimes around the world diminishes international rule of law. The conclusion argues that resurgent authoritarianism degrades international rule of law even if this is defined as the specifically post-Cold War international legal order.
BASE
Human Rights Courts and Global Constitutionalism: Coordination through Judicial Dialogue
In: KFG Working Paper Series, No. 35, Berlin Potsdam Research Group "The International Rule of Law – Rise or Decline?", June 2019
SSRN
Working paper
Resurgent Authoritarianism and the International Rule of Law
Modern rule of law and post-war constitutionalism are both anchored in rights-based limitations on state authority. Rule-of-law norms and principles, at both domestic and international levels, are designed to protect the freedom and dignity of the person. Given this "thick" conception of the rule of law, authoritarian practices that remove constraints on domestic political leaders and weaken mechanisms for holding them accountable necessarily erode both domestic and international rule of law. Drawing on political science research on authoritarian politics, this study identifies three core elements of authoritarian political strategies: subordination of the judiciary, suppression of independent news media and freedom of expression, and restrictions on the ability of civil society groups to organize and participate in public life. According to available data, each of these three practices has become increasingly common in recent years. This study offers a composite measure of the core authoritarian practices and uses it to identify the countries that have shown the most marked increases in authoritarianism. The spread and deepening of these authoritarian practices in diverse regimes around the world diminishes international rule of law. The conclusion argues that resurgent authoritarianism degrades international rule of law even if this is defined as the specifically post-Cold War international legal order.
BASE
International Norm Change
In: Oxford Research Encyclopedia of Politics
"International Norm Change" published on by Oxford University Press.
United States Military Assistance and Human Rights
In: Human rights quarterly, Band 38, Heft 4, S. 1070-1101
ISSN: 1085-794X