How Corporations Gained Impunity under International Law
In: Forthcoming in the American Journal of International Law
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In: Forthcoming in the American Journal of International Law
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In: iCourts Working Paper Series, No. 134, 2022
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Working paper
In: Written for a symposium on Tom Ginsburg's Book Democracies and International Law, Chicago Journal of International Law (2022)
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In: The review of international organizations, Band 17, Heft 2, S. 375-396
ISSN: 1559-744X
World Affairs Online
In: iCourts Working Paper Series, No. 250
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In: iCourts Working Paper Series, No. 228
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In: iCourts Working Paper Series, no. 261
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In: iCourts Working Paper Series, No. 248 (2021)
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In: Governance: an international journal of policy and administration, Band 33, Heft 4, S. 985-987
ISSN: 1468-0491
In: Global constitutionalism: human rights, democracy and the rule of law, Band 9, Heft 2, S. 413-423
ISSN: 2045-3825
AbstractThe After Fragmentation special issue unites political science conversations about regime complexity with legal/normative conversations about global constitutionalism through a focus on the generation and resolution of interface conflicts, defined as moments when overlapping elements or rule incompatibilities generate actual conflicts. Yet scholars choosing among these two perspectives actually have different objectives. After reviewing the two literatures, I argue that this special issue is closer to the global constitutionalism perspective, which generally seeks legitimated order. By contrast, the regime complexity literature asks how does the fact that global governance is spread across multiple institutions in itself shape cooperation politics. Investigating what it means to get 'beyond fragmentation', I suggest that the potential or actuality of rule conflicts is not necessarily a problem because conflicts are a normal and even salutary aspect of politics. If conflict is not the concern, then what should we be worrying about? Both perspectives, I argue, are amoral because they normalise and help justify an international order where responsibility is spread across institutions, promoting order while failing to address fundamental problems affecting people and the world. In this respect, resolving rule conflicts does not get us beyond fragmentation.
In: iCourts Working Paper Series, No. 195
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In: Albertina Albors-Llorens, Catherine Barnard, Brigitte Leucht edsCassis de Dijon at 40 (Hart Publishing), Forthcoming
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In: iCourts Working Paper Series, No. 206, 2020
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In: Alter , K J 2020 , ' Visions of international law : An interdisciplinary retrospective ' , Leiden Journal of International Law , vol. 33 , no. 4 , pp. 837-869 . https://doi.org/10.1017/S0922156520000485
Taking the opportunity of this LJIL special lecture, Professor Alter provides an interdisciplinary retrospective that explains, defends and critiques six common visions of international law: The naive political scientist's expectations about international law as a fixed reflection of political choices; the legal formalist and structural theorist who believes that formal rules, institutions, and processes should generate similar outcomes in different parts of the world; the Western centric scholar's notion that one can draw general lessons based on European and American experiences; the liberal internationalist who believes that multilateral processes generate consent based agreements and outcomes; the law and society scholar whose focus on the local can minimize international structural elements; and the international legal sociologist who believes that meanings and practices constitute international law. After reflecting on what each vision captures and misses about international law, Professor Alter identifies the policy stakes of residing within a vision. While we need to draw from multiple visions to understand the hybridity of international law, we also need to understand the implicit presumptions of each vision, as these presumptions generate contradictory prescriptive recommendations.
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In: Proceedings of the ASIL Annual Meeting, Band 114, S. 324-328
ISSN: 2169-1118
Any speculation about the promise and future of multilateralism in Latin America turns fundamentally on what we mean by multilateralism. If multilateralism is defined in numeric terms, as any formal cooperative endeavor undertaken by three or more states, then it is easy to predict that multilateralism is going to be an ongoing feature international politics everywhere. If the question concerns the future of particular Latin American multilateral institutions, such as the Inter-American Human Rights system, Mercosur, or the Andean Community, there might be greater worry and room for disagreement. We would then want to know "what part of the inter-American Human Rights system/Mercosur/Andean Community are you talking about?"