Pharmaceutical Patents and the Human Right to Health: The Contested Evolution of the Transnational Legal Order on Access to Medicines
In: Transnational Legal Orders (Terence C. Halliday & Gregory Shaffer, eds. 2015)
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In: Transnational Legal Orders (Terence C. Halliday & Gregory Shaffer, eds. 2015)
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In: iCourts Working Paper Series, No. 32
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Working paper
In: Proceedings of the annual meeting / American Society of International Law, Band 109, S. 27-30
ISSN: 2169-1118
In a working paper based on extensive field research and interviews, Karen Alter, James Gathii, and I analyze three recent backlash attempts against sub-regional courts in East, West, and Southern Africa. Our paper analyzes credible proposals by African governments to restrict the jurisdiction of these courts in response to politically embarrassing rulings. These events are not widely known, and they are at odds with the prevailing view that it is difficult to sanction international judges.
In: Oxford Handbook of International Adjudication, Karen J. Alter, Cesare Romano and Yuval Shany, eds., 2013
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In: INTERDISCIPLINARY PERSPECTIVES ON INTERNATIONAL LAW AND INTERNATIONAL RELATIONS, Jeffrey Dunoff & Mark A. Pollack, eds., Cambridge University Press, 2013, pp. 175-196
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In: iCourts Working Paper Series No. 83
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Working paper
In: Custom's Future: International Law in a Changing World (Curtis Bradley ed., 2015 Forthcoming).
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In: International organization, Band 68, Heft 1, S. 77-110
ISSN: 1531-5088
Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. We examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual, and transgender (LGBT) issues by creating a new data set that matches these rulings with laws in all Council of Europe (CoE) member states. We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confounding effect of evolving trends in national policies. We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe. The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality. We conclude by exploring the implications of our findings for other international courts. Adapted from the source document.
In: 68:1 International Organization 77-110 (2014)
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In: International organization, Band 68, Heft 1, S. 77-110
ISSN: 1531-5088
AbstractDo international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. We examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual, and transgender (LGBT) issues by creating a new data set that matches these rulings with laws in all Council of Europe (CoE) member states. We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confounding effect of evolving trends in national policies. We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe. The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality. We conclude by exploring the implications of our findings for other international courts.
In: International organization, Band 68, Heft 1, S. 77-110
ISSN: 0020-8183
In: Michigan Journal of International Law, 2016 Vol. 37(4): 563-609
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In: Book published by Oxford University Press, this working paper includes the table of contents and introductory chapter of the book.
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Working paper
In: 14 Theoretical Inquiries in Law 479 (2013)
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In: International Court Authority, Oxford University Press, ISBN: 9780198795582, Forthcoming
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