International law and society: empirical approaches to human rights
In: The international library of essays in law and society
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In: The international library of essays in law and society
In: Laura A. Dickinson, National Security Policymaking in the Shadow of International Law, 2021 Utah L. Rev. (2021, Forthcoming)
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In: American journal of international law: AJIL, Band 114, Heft 4, S. 802-809
ISSN: 2161-7953
In: Lethal Autonomous Weapons Systems: The overlooked importance of administrative accountability, in The Impact of Emerging Technologies on the Law of Armed Conflict (Eric Talbot Jensen & Ronald Alcala eds., Oxford University Press 2018 Forthcoming)
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In: Proceedings of the ASIL Annual Meeting, Band 111, S. 57-57
ISSN: 2169-1118
The growing use of cyberspace by state and nonstate actors is testing the limits of our international legal rules. And the recent issuance of the Tallinn Manual, both in its first iteration and now in its second version as Tallinn 2.0, attempts to identify the emerging law in this area. But many of the principles it asserts are controversial. This panel grapples with some of the key contested issues in this emerging domain.
In: American journal of international law: AJIL, Band 108, Heft 3, S. 589-597
ISSN: 2161-7953
In: Studies in law, politics, and society, Band 56, S. 213-232
Because international human rights and humanitarian law traditionally binds only state action, courts must reconceive the state so that nominally nonstate activity, such as the acts of private military contractors, fits within this legal framework. I summarize state action cases under U.S. constitutional law and the nascent jurisprudence in U.S. courts involving the application of international law norms to government contractors. I also consider holding nonstate actors accountable for violations of international law norms through ordinary U.S. domestic law tort suits. Yet, even in this context delineating the public/private divide is a core part of the analysis. [Copyright Elsevier Ltd.]
In: Special Issue Human Rights: New Possibilities/New Problems; Studies in Law, Politics and Society, S. 213-232
In: Annual Review of Law and Social Science, Band 7, S. 101-120
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In: American journal of international law: AJIL, Band 104, Heft 1, S. 1-28
ISSN: 2161-7953
International law scholarship remains locked in a raging debate about the extent to which states do or do not comply with international legal norms. For years, this debate lacked empirical data altogether. International law advocates tended to assume that most nations obey most laws most of the time and proceeded to measure state activity against international norms through conventional legal analysis. In contrast, international relations realists and rational choice theorists have argued that international law is simply an epiphenomenon of other state interests with little independent power at all. Meanwhile, constructivist and transnational legal process approaches have posited that international law seeps into state behavior through psychological and sociological mechanisms of norm internalization and strategic action. But even these studies tend to remain on a theoretical level, without on-the-ground data about which factors might influence compliance in actual day-to-day settings.
In: American journal of international law, Band 104, Heft 1, S. 1-28
ISSN: 0002-9300
World Affairs Online
In: New York University journal of international law & politics, Band 42, Heft 2, S. 355-388
ISSN: 0028-7873
In: New York University Journal of International Law & Politics, Band 42, S. 355
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In: American Journal of International Law, Band 104, Heft 1
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In: From Mercenaries to Market, S. 217-238