Intellectual property and human rights
In: Critical concepts in intellectual property law 7
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In: Critical concepts in intellectual property law 7
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: Perspectives on politics, Band 7, Heft 1, S. 39-44
ISSN: 1541-0986
The international intellectual property system provides an important illustration of how regime complexity shapes domestic and international strategies of states and non-state actors. This article describes and graphically illustrates the multifaceted nature of the international intellectual property system. It then analyzes the consequences of regime complexity for international and domestic politics, emphasizing the strategy of regime shifting and its consequences for chessboard politics and the domestic implementation of international rules.
In: European journal of international law, Band 19, Heft 1, S. 125-159
ISSN: 1464-3596
In: Harvard international law journal, Band 49, Heft 1, S. 1-52
ISSN: 0017-8063
World Affairs Online
In: European journal of international law, Band 19, Heft 1, S. 125-159
ISSN: 0938-5428
World Affairs Online
In: American journal of international law: AJIL, Band 101, Heft 1, S. 257-259
ISSN: 2161-7953
In: Proceedings of the annual meeting / American Society of International Law, Band 101, S. 391-394
ISSN: 2169-1118
In: Conferences on new political economy: CNPE, Band 23, Heft 1, S. 253-276
ISSN: 1861-8340
In: American journal of international law: AJIL, Band 95, Heft 2, S. 422-430
ISSN: 2161-7953
In: Harvard international law journal, Band 39, S. 357-441
ISSN: 0017-8063
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: 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 64, Heft 4, S. 563-592
ISSN: 1531-5088
AbstractAre international courts power-seeking by nature, expanding the reach and scope of international rules and the courts' authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ's jurisdictional cousin and the third most active international court. We argue that international judges are more likely to become expansionist lawmakers where they are supported by substate interlocutors and compliance constituencies, including government officials, advocacy networks, national judges, and administrative agencies. This comparison of two structurally identical international courts calls into question prevailing explanations of ECJ lawmaking, and it suggests that prevailing scholarship puts too much emphasis on the self-interested power-seeking of judges, the importance of institutional design features, and the preferences of governments to explain lawmaking by international courts.