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Title: The Limits of International LawMy paper would challenge the assumption prevalent in academia and the decisions of many western Supreme Courts that public international law sets a higher standard for human rights observance in Western democracies than do their own constitutions. That assumption is worth considering because it is driving the development of constitutional and international law jurisprudence and its implications have not been fully considered. My paper would consider the current debate about the proper role of foreign sources in constitutional law and suggest that there are good political and legal reasons to limit the role of international law in domestic adjudication.My paper would unpack the assumption and describe international relations and the process of international law creation in such a manner as to show the inevitability of public international law's failure to advance domestic human rights. It would analyze the impact of international legal arguments on constitutional adjudication and challenge the changing approaches to constitutional law and politics that increased receptivity to international law has spawned. It would argue that where such advances have occurred, they were the result of a phenomenon known as "transjudicialism" and not of the application of public international law. My paper would argue that the content of public international law is actually far narrower than contemporary scholars, counsel for NGO's and well meaning judges realize. As such, my paper would suggest that decision-making which appears to be informed by international law is actually based on a new brand of judicial activism, one that purports to be grounded in law and principle, but one that is actually grounded in a misconceived policy. That unwritten policy is to extend the influence of courts globally through an evolving judicial understanding of what the universality of human rights would require rather than what the content of public international law demands. Submitted by: Cassandra KirewskiePh.D. CandidateOsgoode Hall Law Schoolckirewskie@simpatico.ca(905) 825-1860 ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The paper investigates whether feminist legal theories have global application. In particular, it questions whether they have anything to contribute to debates concerning legal globalism, global ethics, ideas of global citizenship, subjectivity under international law and the impact of human rights law as to who is now considered to be the subject of international law. The paper analyses the current debates within these areas. It also analyses and critiques debates within feminist legal theory - some helping and some hindering force for change to make women's lives better on a global scale. A conclusion is reached that a strong sense of women as individual human subjects is needed to enable the human rights of women to be advanced and that these ideas can be applied globally using fundamental rights globally accepted on the basis of human beings' common humanity. [ABSTRACT FROM AUTHOR]

This paper explores why and how the humanitarian, political and economic motivations set forth in the Preamble to the Constitution of the International Labour Organization (ILO) shape the characterization of indigenous peoples in international law. Part I of the paper explains the history of the ILO and the context surrounding its formation. Given this history and context, the paper proposes that promoting the development of a global economy and empowering nation states to compete actively in that economy were and continue to be the ultimate goals of the ILO. Part II of the paper describes the somewhat unlikely relationship that has developed between the ILO and indigenous peoples and ponders the ways in which that relationship informs the international legal community's understanding of indigenous peoples and the international norms and standards it propagates regarding them. In conclusion, Part III of the paper discusses the benefits and drawbacks to indigenous peoples that may flow from their relationship with the ILO and its objectives. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Theories of international human rights integration have begun to embrace the idea of horizontality in the adoption and promotion of human rights in domestic legal systems. Horizontal processes - transnational advocacy networks, judicial borrowing, application of human rights norms to traditional state-to-state (bilateral and multilateral) legal obligations - have been increasing effective in altering state human rights behavior. This paper will examine what effect the rise of "horizontality" has on the role of "vertical" human rights institutions (regional and international courts and commissions) and processes (adjudication, advisory opinions, committee reports). In part, the paper seeks to answer what role commissions, courts and committees have to play in an increasingly horizontal human rights regime. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Not only does the human rights movement play a key part in shaping popular representations and understandings of the Israeli-Palestinian conflict, it plays a key role in determining which issues are considered fundamental or pressing human rights issues. Here, grave sounding terms taken from international law are employed to describe state acts: war crimes, crimes against humanity, even simply "violations of international law." But there is a slippery distinction between statements that point out a real breach of international lawâ??nearly always open to some degree of interpretationâ??and the way such statements might contribute to antisemitic thinking (a key way such claims are dismissed by Jewish advocacy organizations).Based on field research among human rights organizations, media and archival research, and interpretation of legal materials, this paper traces factors contributing to the emergence or inhibition of the perception of antisemitic acts as an issue worthy of human rights concern both inside and out of human rights circles. The paper takes, as much as possible, a broadly sociological view of what human rights organizations, lawyers, philanthropists and other key actors in the human rights movement do or do not do (e.g. choice of advocacy campaigns, funding priorities), how they function, what decisions they make or do not make, and fundamentally, how issues linked to antisemitism do or do not come to be seen as "human rights issues" and how human rights issues come to be perceived as "antisemitism." ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Human rights discourse on North Korea revolves largely around how the North Korean government violates human rights as encapsulated in the UN covenants on civil, political, social and economic rights. State and nonstate actors mobilize international and domestic laws as part of their respective movements to pressure North Korea on human rights. This paper argues, however, that there is a myth of consensus in the human rights network on North Korea. Closer observation of legal mobilization efforts evidences dissonance on several levels: (1) blurring of human rights issues instead of differentiating them as they apply to North Korean citizens in different rights situations (e.g., inside/outside prison camps, refugee status in third countries), (2) polarization in approach between conservative and progressive forces transnationally, and (3) exclusion of the North Korean government from discourse. This paper shows how state and nonstate actors' push for and reliance on human rights laws can risk cogent discourse, alienate the subject government, and in effect further jeopardize North Korean human rights. The paper looks specifically to laws of the International Criminal Court, the U.S. North Korea Human Rights Act, and the proposed South Korean law on human rights in North Korea. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper seeks to analyze the rights accorded to homosexuals as a sexual minority with special reference to India. Specifically, the object is two-fold: firstly, to establish that even homosexuals have a legal right to marry in India; secondly, to establish the unconstitutionality of anti-sodomy law in India (Section 377 of the Indian Penal Code). The right to marry being a basic human and fundamental right in India, denying homosexuals this right would amount to discrimination. The principle of non-discrimination on the basis of 'sex' - enshrined in the Indian Constitution - includes within its ambit non discrimination on the basis of 'sexual orientation', thereby implying that 'sexual orientation' is a subset of 'sex'. Further, the paper shall establish the unconstitutionality of anti-sodomy law in India which was essentially a crystallization of the western Judeo-Christian concept of heterosexual paradigm by the British during their rule over India, and how such laws have now been discarded and repealed by a majority of these very western nations. The legal invalidity of the provision shall be based upon: the legal doctrines of unreasonableness, arbitrariness, non-discrimination on the basis of sex and the right to privacy - all enshrined under the Indian Constitution; the doctrine of desuetude; and on the basis that the said law violates India's various international obligations and would in reality lead to the 'underground' spread of sexually transmitted diseases. Throughout the paper references to the global scenario concerning homosexuals and their legal rights would be made which would provide a comparative analysis. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The globalization of protection of human rights addresses questions about sovereignty and international justice. A number of scholars predicate their theories of global justice on defending sovereignty, in place of defending international law. For instance, Thomas Nagel states that international law is only a series of agreements between sovereign states entered into for their mutual benefit. As a result of the notion of sovereignty, the value and authority of international law is dependent upon the voluntary participation of states in its formulation, observance, and enforcement. International legal rules constitute a "false promise of international institutions;" they do not constitute a system of global justice. International lawyers have failed to fully respond to confront the different perspectives of the South-North regarding the conceptual foundations of their discipline. In response to these problems, which I consider pessimistic views, I wonder is the glass half empty or half full? As Mathias Risse stated, "the global order is not fundamentally unjust; instead, it is incompletely just." In this paper, I will suggest that although global law of human rights is not "perfect" or is not completely just yet; however, the great advances it has brought are undeniable. International law has developed great advances in the last few years. A good example is the Inter-American System that rectifies unjust situations using effective strategies to protect democracy and human rights in Venezuela. I will offer an optimistic view of international law's progress. I will defend international "rights-based" law perspective, in place of defending sovereignty. My focus will be on the Inter-American System and the case of Venezuela. Why is the international human rights law preferable over the sovereignty doctrine? On behalf of human rights' protection, international norms are universal, equally accessible to all, and exist independently of legal enactment as justified moral norms that can be applied to the relationships between states. Sovereignty properly defined, "is not a defence for breaches of gross violations of fundamental human rights; it has never been such, and today it is less a defence than ever." This paper will be organized into three parts: Firstly, I will discuss a selection of leading theories on global justice and sovereignty (philosophical conflicting conceptions). From these angles, the international "rights-based" law perspective emerges as an alternative for stability, peace, and human rights' protection. Secondly, I will demonstrate with specific facts, in the case of Venezuela that the Inter-American System, as a good example of international law, has served the purpose of protecting human rights using diverse strategies in Venezuela (South America-The Caribbean). Finally, I will outline a renewed vision for how the Inter-American System should work. While management strategies are provided for promoting a constructive just order and democratic consolidation in Venezuela, I will conclude that the international "rights-based" law should be encouraged over any other State's interests. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In this paper, we survey concepts of global legal pluralism and their relationship to theories of social movements. While not precisely defined, concepts of global legal pluralism have emerged from three different directions: Niklas Luhman's autopoietic systems theory, the debate about pluralism and fragmentation in international law which is itself drawn from different traditions of sociological analyses, and socio-legal theories of legal pluralism, originally built on studies of the operation of indigenous/traditional systems of law, now contending with the operation of global norms like human rights, on the ground. We examine their relevance to the understanding of the role of law in the contentious collective actions of social movements, in the light of leading theories of social movements. We also examine the relevance of theories of legal pluralism and the intersections among legal orders for the analysis of the nature of international law and its engagement with social movements. We suggest that none of the pluralism theories, by themselves and as developed so far, provide a sufficiently descriptive account of the role of law in social movements, while none of the leading social movement theories reflect a real understanding of the normative role of law in the life of social movements. We conclude that this cognitive gap between the different theoretical approaches may be unbridgeable largely due to the perennial tension between the need for descriptive precision and the role of normative analysis in the drive to change reality. This paper focuses on the operation of international human rights norms and their relationship to social movements as an example of the challenges of a global legal pluralist theory to explain law and social movements. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In the region of Israel-Palestine two groups have, what appear to be, conflicting internationally recognized rights of self-determination. This paper explores the ways in which both the Jewish and the Palestinian right to self-determination can co-exist at international law and practically. Through an examination of the multiple and evolving notions of self-determination and its relationship with nationalism and democracy, this paper explore possible legal resolutions to competing claims for self-determination. Such an analysis takes into consideration the fluid definition of self-determination, to whom it is owed and to what such a declaration entitles an entitled group. The implications of self-determination on international human rights law and positive international law are also considered. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In 2001 Anne Orford wrote "Yet by adopting the language of development, human rights lawyers and activists risk reproducing the legitimacy of developmentalism as a set of institutional practices, a framework for understanding the world and as an alibi for exploitation." This paper builds on that insight, and contends that the right to development is inseparable from and the essential content of the right of peoples to self-determination in international law. That is, any adequate analysis must engage with material historical struggles. The author will draw from his seven years experience as an adviser with the UK's DfID, during a period when a focus on human rights and social justice, changed to implementation of the UN Millennium Development Goals, "listening to the poor", and a new mantra of "Safety, Security and Accessible Justice" (SSAJ). In practice, this meant an emphasis on projects for effective policing, in Africa and in the Balkans. The paper will ask whether the engagement of human rights the contemporary plethora of compacts, regulations and other mechanisms for bringing TNCs to a voluntary accommodation with UN standards pose any real challenge. The threat to the "global commons" is symptomatic. Finally, an attempt will be made to analyse and situate the rhetoric of Pan-Africanism to be heard in the recent Accra Summit of the African Union. Could the ghosts of Kwame Nkrumah and Sekou Toure yet return to haunt the contemporary masters of the planet? Could this be the phantasmagoric content of the right to development? ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper concerns international human rights and international institutions. In particular, this paper explores the interpretation of the international human right to education by the World Bank compared with other United Nations specialized agencies. By considering recent strategies of the World Bank in the area of human rights and education, this paper hopes to show that the World Bank promotes an individualistic view of human rights that lends itself to the facilitation of knowledge for profitable purposes. Within this context, the Bank is involved in reordering social relationships and redesigning the role of children in society to exploit global capital investment opportunities. By focussing on the individual agent, the management of knowledge, private property rights and comprehensive taxation, the Bank is arguably enslaving communities in a post-colonial project to maintain pre-existing hierarchies between nation States. Amartya Sen's Capability Approach to human rights, endorsed by authors of the Human Development Reports of the United Nations Development Programme, and built from a conception of responsibility, offers means to highlight the importance of collective rights and culturally-based knowledge in resisting such strategies. However, this paper argues that the Capability Approach requires further justification in order that the collective dimension to human existence be made visible enough to support the legitimacy of collective rights and collective action. Indeed, the World Bank has reinterpreted the Capability Approach to rights-based development to support its economic policies based on matching individual skill accumulation to level of entitlements. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Globalization, presents a challenge to the conceptual foundation of international law as premised on state action and state responsibility. Powerful non-state actors operate pose significant theoretical and practical difficulties for international law. This paper offers an account of evolving trends in efforts to ensure compliance of multinationals with international human rights norms. Specifically, the paper advances a more expansive vision of the subjects and sources of international law in an effort to conceptualize the conduct of private transnational commercial actors as law making by tracking the trajectory of recent corporate social responsibility initiatives such as the U.N. Global Compact and the U.N. Norms on Business and Human Rights. The paper urges international lawyers to remain open to the possibility that private non-state actors may "make" law where law making is understood to be a process of communication creating authoritative norms for a given community of actors. Finally, the paper posits that the perceived governance gaps and democratic deficits which accompany certain aspects of globalization may be overcome by a critical appreciation for the ways in which non-state actors are engaged in functional law making through the recent proliferation of pledges by private corporate actors to embrace international development priorities and human rights principles when pushed by segments of civil society. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines diffuse, multidirectional processes for the construction of knowledge in treaty making. For example, literature on global governmentality applies governmentality research, which suggests decentralized governmental processes with productive networks of power running through individuals and society. It nevertheless gives an impression of the persistent dichotomy between the ruling and the ruled with the elite producing rationalities, strategies, and technologies of government, which are translated down to the masses at local sites of action. Accordingly, various programs for global governance articulated in international institutions flow down to the ground to govern marginalized populations, such as the poor and the migrated. Although some researchers on global governance claim to offer alternatives to prevailing 'top-down' approaches to international law and international relations, what they have done is often to shift attention away from treaty making to describe the non-hierarchical and endogenous ways of producing international norms. They essentially replicate the diffuse but unidirectional governmental processes in governmentality research. This is because both governmentality research and global governance literature tend to attach privileges to cognitive knowledge and professional expertise. Their approaches have a methodological implication of suppressing laypersons' expressive knowledge and experiential know-how involved in governmental processes. Drawing on literature on legal consciousness and lay-participation, this paper traces the ways in which nongovernmental agents, including both professionals and laypersons, translate different types of knowledge horizontally among themselves and vertically from above and below with the case study of the drafting of the Disability Rights Convention. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The Concept of Social identity is one of the norms that has influenced the evolution of constitutional and international law. The constitutional law that deals with the components of state and its relationship with the governed inevitably adopt and recognise the norm of social identity.2 The international law, particularly, conventional international law, contains provisions for adopting the concept of social identity and mechanism for implementation and supervision. International law, further directs the states towards the global governance, and thereby impose obligation on states to transform their system of governance to achieve the aims of the United Nations.3Bearing the theme in mind, this paper attempts to focus the functional role of the concept of social identity in guaranteeing the enjoyment of the right to equality, freedom, justice and socio - political developments. The evidence of recognising the concept of social identity could be traceable, in the customary international law. Vattel in his Law of Nations4 (1795) identifies the Social identity, by referring major and weaker nations and proposed guidance for the creation of states, and systems of governance for the cordial relationship between the weaker and major nations. He also identifies the possibilities of the conflicts between them and danger of the fragmentation of states. His proposals for avoiding the danger of fragmentation of states and maintaining the protection of weaker and major nations could be treated as appropriate guiding principles for the recognition of social identity in constitutional and international law5.Based on the jurisprudence of Vattel, an attempt will be made to analyse the issues related to social identity in the contemporary constitutional and international law. Grotious could be treated as another classical international law writer to recognise the social identity in international law. He recognised the legal status of the original kingdoms and equality among peoples and thereby emphases the importance of the concept.The regimes of the United Nations, particularly human rights regimes recognise the norm of social identity and set down international standards to be enforced by the states. Therefore states are expected to incorporate the principles of the regimes in their governance documents. Along the similar, legal base, contemporary, international law writers, argue for searching models of governance as alternatives to secession. The jurisprudence of the Quebec Sovereignty Referral case, contributes to strengthen and recognise the norm of social identity and the British Model devolution of powers has been described as " British approach to global problem".1Due to the failure to recognise the social identity, many internal conflicts are transformed as armed conflicts and the crises are treated as threat to international peace and security. This paper will argue for the necessity of the due recognition and implementation of the norm of social identity through International and constitutional law and the impediments in achieving the aims. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In my paper I give an account for my own position as a theologian as far as contemporary human rights and human rights law is concerned. In the account for my understanding of human rights, I will, to a large extent, fall back on late modern writings in theology, philosophy and law. It will primarily be a conceptual analysis which is offered. The topic is approach as a study of language, moral and legal (and religious).Apart from this, the analysis in the paper will include a self assessment of the own role as a researcher of theological ethics crossing so-called traditional disciplinary borders. As much of the research carried out on human rights is representative of the legal disciplines, how can - and how have - a theologian ethicist entered that predominantly legal discourse? Where does theology come in? What can be gained from the additional perspective on law, man and life? Or is it maybe even the case that human rights can be viewed as a life view to a certain extent - making it the "natural" research object for theology? ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper addresses one aspect of the approach to cosmopolitanism taken by J?Habermas: his recent case for the 'constitutionalisation of international law', which is summarised in The Divided West. This work creatively builds on his theory of constitutional patriotism at the national and transnational levels and it effectively addresses some of the shortcomings of John Rawls' Law of Peoples, but it does so in a manner that raises difficult questions about the relation of international law to state sovereignty on one side and to popular democracy on the other. Whilst the meaning of 'the constitutionalisation of international law' is not entirely clear to me, I shall argue in this paper that the use of this idea in Habermas's work is caught within the dualisms of power and law, past and future, society and nature and that this characteristically juridical frame unnecessarily restricts the role of political judgment to a transitional and subordinate moment. The task as I see it is not to constitutionalise international law but rather to become politically more mature in our handling of it. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper looks in detail at models other than the current "International Law of Human Rights" through which Muslim states and their representatives might be better able to build new international relationships and secure enduring "cultural living space." It looks first at existing attempts, namely the 1990 "Cairo Declaration on Human Rights in Islam" and then speculates through an analysis of historical precedents (the Treaty of Hudaybiyah and treaties enacted by the Ottoman Sultans) from within Islamic history on the most appropriate way forward in the current debate with "Human Rights".The paper will suggest that these precedents indicate that Muslim and non-Muslim states are better advised to sign multiple bilateral treaties, or multilateral single issue treaties, rather than multilateral agreements that purport to have universal application for all time. From the perspective of non-Muslim states, I will argue it is far more likely that the content of such a treaty will be enforceable and enforced in Muslim states - a concern that continues to pre-occupy many western states on the UN. From the perspective of Muslim states, I will also argue that such an approach would address their particular local needs and concerns without sacrificing economic and political ties with the West - an issue which has come to the forefront with the rise to power of Hamas in the Palestinian territories. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper seeks to examine the nature of policy changes in the approach of international human rights law to the issue of minority rights. The issue of minority rights has been one of the controversial issues under the international human rights system. In its approach to this issue, international human rights law has shown at different times preference to one policy approach over another. When the international human rights system came into existence following the establishment of the UN in 1945, the general attitude prevailed at the time was essentially against recognition of minority rights. The dominant view of the time was that individual rights are enough to cater for the interests of minorities. As a result, the emphasis during the post World War II period was almost exclusively on individual rights. With the end of the cold war in the late 1980s, the need for minority specific rights, in addition to individual human rights, has begun to be accepted under international human rights law. Although this shift from individual rights to minority rights can be taken as a manifestation of a policy reorientation towards multiculturalism, so far this shift is partial and limited. In this paper, it is argued that international human rights law should fully embrace a multicultural conception of minority rights but this can effectively resolve the dilemmas that the phenomenon of minorities gives rise to only if it acknowledges the equally important issues of political power relations and control of economic resources which have a direct bearing on minority problems. The paper therefore proposes that international human rights law, apart from its concern to guarantee the cultural integrity of minorities, has also to address itself to issues of political power distribution and minorities' participation in and benefit from development at the national level. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The privatization of foreign affairs functions is fast becoming a major challenge to classic international law regimes, which were developed on the assumption that they would apply primarily to official state actors. Increasingly, military activities, the provision of foreign aid, and even diplomatic missions are being outsourced to private corporations, which may not be subject to the various accountability mechanisms of public international law. However, because those accountability mechanisms are not particularly robust in providing accountability even for state actors, it is not clear how much is lost in the process of privatization. Thus, in order to study the true effects of foreign affairs privatization, we must use the methodologies of legal pluralism and go beyond official international law regimes. Instead, we need to explore the range of internal, norm-based, forms of accountability that may exist within the institutional cultures of these private contractors. This paper seeks to point the way towards such study by using the literature on organizational culture to examine various types of entities now involved in military and foreign aid work. The paper then offers tentative suggestions for how government contracting agents (and international human rights watchdog organizations) can harness these internal institutional accountability mechanisms as part of the contracting process itself. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The primary legal enforcement of international human rights law occurs not in the international sphere, but in the domestic courts of states. However, the field of international adjudication and enforcement is not entirely bare. The majority of the Treaty Monitoring Bodies established under the relevant international human rights instruments now have the jurisdiction to consider communications by individuals alleging specific violations of human rights, to adjudicate on those allegations and to monitor the response of the relevant State Parties. This paper considers whether these bodies fulfil a useful function in extending the reach of international human rights law into society, and if that role is growing. Looking to the future, the paper asks whether these bodies are able to deliver strong international adjudication and enforcement of human rights, or if those who dream of such stronger enforcement should look towards a potential International Court of Human Rights to extend the reach of international human rights law from legal text to guarantor of rights in society? ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]

The use of private military contractors in Iraq has caused concern with regard to the potential effect their deployment can have with the enjoyment of human rights in conflict situations. The paper analyses the applicable norms of international humanitarian law and (international) human rights treaties to see in how far the use of private military contractors is compatible with these international norms. Additionally, the paper analyzes the available remedies for victims of abuse at the hands of private military contractors, the question of (international) state accountability and how the privatization of military services fits under current international law. ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]

The paper aims at presenting and analyzing the principle developments in key areas of international law as these are shaped within the framework of changing global realities. The analysis attempted focuses on the study of the most significant parameters with respect to fields in which the most dramatic changes and most important developments take place and through which the battle between legal considerations and political/strategic objectives can best be viewed. The new global security system is characterized by structural, systemic changes and by some newly emergent or augmented, already existing, challenges. Actual threats or pretexts for the re-examination of the international security system as a whole could not leave international law unaffected or outside the process for dealing with these new challenges; at the same time, the par excellence political nature of international law is surfacing with unprecedented clarity. The adaptation of law to the new situation on the one hand shows the will of states to move in the direction of the promotion of institutional solutions to the new problems and proves the dynamic nature of legal rules. On the other hand though, law was used as an alibi for the pursuit of strategic objectives and political interests without any basis in law and which were only dressed in a legal cloak. At the same time, the international community seems to remain indifferent to a whole array of potential challenges to international peace and security that also strike at the very foundations of international law itself. In this connection, key themes to be discussed will include the debate about the rise and fall of international law after 9/11 and the issue of preventive action; the issue of anticipatory self-defense as aggression under cover or lawful use of force; international criminal tribunals establishing a new culture in international relations; legal and political issues with respect to the International Criminal Court; terrorism as an international crime from the scope of public international law; the link between the system of individual accountability and the maintenance of international peace and security; questions of legality v. legitimacy of operations; and the emerging debate regarding the Americanization of international litigation. [ABSTRACT FROM AUTHOR]

The new permanent International Criminal Court (ICC) seeks authority and influence not only when it asserts jurisdiction over those accused of committing genocide, war crimes, and crimes against humanity, but also when it refrains from exercising jurisdiction under the complementarity principle. Indeed, if national authorities are able and willing to investigate or prosecute such crimes, the ICC is stripped of jurisdiction. The purpose of this complementarity principle is to act as a spur to domestic justice, and this spur is important in part because even a robust and well-funded ICC will not have the capacity to try all possible cases. While the permanent ICC was only recently established, ad hoc international and hybrid domestic-international courts in the Balkans, Africa, and East Timor have, since the end of the cold war, developed a significant docket of cases involving serious human rights crimes. In addition, the past decade has seen the rise of transnational prosecutions: efforts to try those suspected of serious human rights crimes in third party states. Although scholars have extensively evaluated these various types of prosecutions in isolation, little scholarly research thus far has focused on the relationships among international, transnational, and domestic prosecutions. Yet, understanding the nature of these relationships is crucial to understanding how the ICC's complementarity principle may work (or fail to work) in practice. This paper, therefore, seeks to explore these relationships, using three case studies. First, I discuss human rights accountability following the 1999 atrocities committed upon the withdrawal of Indonesia from East Timor, and the way in which the threat of international prosecutions and the existence of transnational prosecutions in hybrid courts in East Timor effected efforts to try perpetrators domestically in Indonesian courts. Second, I address the relationship between efforts to try former dictator Augusto Pinochet transnationally in Spain and subsequent efforts to prosecute Pinochet and others associated with his regime in Chile. Third, I explore the relationship between the work of the International Criminal Tribunal for the Former Yugoslavia and recent efforts to bring war criminals to justice in Serbia. In each case, I examine the relationship between the international or transnational prosecutorial processes on the one hand, and domestic processes on the other, and assess the role that nationalism may play in this relationship. [ABSTRACT FROM AUTHOR]

Progress towards the effective implementation of CEDAW has been greatly hindered by the sweeping reservations entered by states. Underpinning these reservations is a desire to limit the scope of international law and to reclaim the specificity of gendered identities. The shift towards a cosmopolitan order is disrupted and women's human rights are proclaimed, yet again, as private, cultural, domestic affairs. Assertions of religious-cultural difference appear as acts of resistance against the imperialising impulse of universalistic claims. From this perspective, the disruption and fragmentation resulting from reservations to human rights treaties is inevitable. "The totalizing movement", Iris Marion Young argues, "always leaves a remainder". Many contemporary feminist theorists urge a return to the local, arguing that universalist discourses deny the significance of religious, cultural and other differences. This shift away from universalism has led to new alliances between feminists and proponents of identity politics. In this paper, I question whether these alliances leave feminism with the resources necessary to challenge 'reserving states'. Feminism, I will argue, cannot avoid appealing to universal norms if it is to escape the endless web of competing cultural claims made by states and other collective entities. In the context of the reservations dialogue, supporting women's human rights claims requires us to challenge the boundaries set by states and their right to 'opt out' of human rights treaties in the name of religious beliefs or cultural traditions. More than legal regulation is needed if such challenges are to be successful, however. The dual-track approach to cultural conflicts suggested by discourse ethics recognizes the need to move beyond legal regulation and to build a 'global dialogical community' that scrutinizes and questions states' compliance with human rights principles. [ABSTRACT FROM AUTHOR]

This paper will explore a key finding from the recent anthropology of human rights: that the encounter with human rights discourse by social actors engaged in ongoing political and ideological conflicts demands a kind of normative self-reflection that is essentially creative. This finding poses problems for both methodology and the ethics of sociolegal research and points to their ultimate limits. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper explores the impact of the Strasbourg-based European Court of Human Rights (ECtHR) on the actual functioning of Russia's judiciary. Since 1998, Russia has recognized both the compulsory jurisdiction of this transnational court and the right of individuals to sue Russia in this court for violations of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms. How do Russia's courts respond to the ECtHR judgments and why? Do Russian judges draw on these judgments or defy them? By addressing these questions, we can attempt to probe the actual dynamics of how law works or fails on the ground, and whether and how transnational legal institutions make a difference in societies, which lack the rule of law traditions. I argue that Russian judges at all rungs of the judicial system increasingly refer to the jurisprudence of the ECtHR despite Russia's continuous losses in this tribunal, despite the insistence of the Russia's leaders that the ECtHR are 'biased,' and despite their resistance to recognize the binding force of the ECtHR judgments. Russian judges choose to refer to the case-law of the ECtHR when the litigants bring the ECtHR decisions to their attention. Institutional insulation of the judiciary, however weak, allows judges to cite the jurisprudence of the ECtHR in handling routine cases and protects such judges from being punished by government officials, which wrestle with legal autonomy to limit the domestication of the European human rights standards in Russia's governance. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The international aid community pressures both recalcitrant governments and local civil society groups by pushing a normative vision of international human rights as the primary approach to building a domestic rule of law. To this end, the international aid community has adopted what it has labeled a "rights-based approach to development." This approach encourages poor people in divided societies to be aware of and rely upon international human rights to understand their predicaments and to urge social reform and, ultimately, regime change. But little is known about how the rule of law is developed in societies rife with civil war or violent ethnic and religious divisions.This paper illuminates those consequences of international legal reform strategies in divided societies as well as tensions created at local levels by international influence and funding. Specifically, international human rights law frames, reorients, and in some cases co-opts the narratives of NGOs at local levels in divided societies.The author holds law and doctoral degrees from the University of California, Berkeley, and is a postdoctoral fellow at Stanford University, in the Center on Democracy, Development and the Rule of Law. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In 2008 the Special Representative to the Secretary General on Business and Human Rights submitted a report detailing a governance framework regarding the duties of the relevant stakeholders. The framework places the duty to protect human rights on the shoulders of states. In the context of conflict zones, the corporate host state's ability to fulfill its duty to protect human rights is diminished at best, and often rendered ineffectual. This paper explores alternative governance tools that may assist in securing and stabilizing communities in situations such as these. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Freedom of religion is explicitly enunciated as one of the five admissible grounds for refugee status in the first article of the 1951 Refugee Convention. However, there are several limitations of the current reference to religion in the Convention. This paper offers a 3-prong argument, exploring the gap between the Convention's definition of religion and the effective inclusion of individuals persecuted for reasons of religion. First, the Convention fails to qualify its definition of religion. Second, previous asylum claims illustrate that the reference to religion as an objective category in the Convention breeds a tendency to presuppose that a) there are particular, defined religions accounted for and to be measured against, b) one's claimed religion is an eternal commitment, and c) the followers of these religions uniformly adhere to their doctrines with a standard interpretation and exercise thereof. Hence, the ground considers and employs religion with the aforementioned pre-conditions, which is often counter-intuitive to the needs of those fleeing for reasons of religion. A more comprehensive definition of religion, however, requires supplementing the Convention or its interpretation mechanisms to encompass those denied freedoms of thought and conscience as well, which are categories implicated in the subjective element of religious freedoms, and would better qualify the definition of religion. Finally, the absolute protection of both the current and the more comprehensive proposed religion ground cannot be attained in concurrence with Article 4 of the Convention, subjecting individuals to the religious limitations of the asylum state. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

International criminal tribunals (such as the ICTY and ICTR, and more recently the hybrid courts for Sierra Leone and East Timor) have been heralded as a significant step forward in the battle against impunity for human rights violations. However, there has been an almost complete vacuum of research among the local populations who are the supposed beneficiaries of international criminal justice. Self-congratulatory reports by the tribunals sharply contrast with the realities of their operating environment: a closeting off of international criminal tribunals from the local society around them, mistreatment of victims and survivors by defence lawyers and others, racism within tribunal structures and political manipulation of the legal process. An institutional mentality is revealed which is more concerned with protecting its own existence than meeting the needs of a population devastated by conflict: an edifice which is more "Emperor's new clothes" than new horizons in justice. These findings also point towards a broader problem within international legal structures which could be accurately characterised as an absence of 'legal humility'. In light of this failing, and the deeper failing of institutions of international criminal justice to either engage with or respond to the demands of local populations, we pose the fundamental question: who is international criminal justice for? Themes explored include law as seduction, the triumph of human rights, the sociology of arrogance in international law and the tendency to 'see' international justice like a state. The paper is based on fieldwork with grassroots NGOs and individuals in Rwanda and Sierra Leone, and offers a corrective to the rose-tinted tone of much commentary on the respective tribunals for those nations. It is part of a larger project which has involved similar fieldwork in Northern Ireland, Colombia, South Africa and Idonesia. The research will be published as a book by Cambridge University Press in 2008. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Paper to the Law and Society Annual Meeting, July 26 -29, 2007, Berlin, Inger-Johanne Sand, Copenhagen Business School / University of Oslo How is the context of inter- and transnational treaties constructed ?Some of the most important developments in law are currently taking place in international law and in its implementation on national or local levels. This includes international trade law, environmental law, climate change law, human rights, regulation of biotechnology, regulation of the internet etc. These areas originate and have had their primary dynamics as international treaties. They also evolve by the practice of international courts or other conflict-resolution bodies. They are generally not coordinated, but still evolve as extremely vital, significant and specialized legal regimes. They have a vital influence on national legal regimes by way of the political, legal, economic, scientific and cultural power of the treaties and the wider context they are part of. At the same time there are vital unresolved methodical problems in the interpretation and implementation of such treaties and their effects. The treaties often contain combinations of broad politico-legal principles and more specific procedural and substantial regulations, concerning trade, environmental and health protection, sustainability, human rights etc. The general considerations are often broadly and generally stated, and they often refer to each other, without specifying how the balance is to be struck. The problem to be discussed here is how the contexts or the frames of reference of such treaties are constructed on the international or regional levels. Some choices or selections are made which unavoidably are contingent and crucial. Theories of communicative differentiation and rhetorics are suggested in order to understand the dynamics and the contingency of the implementation of such treaties. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

There is a current trend for the provision, and use, of national law with extraterritorial reach in order to address the global activities of multinational corporations and, in doing so, to improve the accountability of multinational corporations in relation to their involvement in human rights abuses and international crime. One factor behind recent legislative activity in this field appears to be the implementation at a national level of the Rome Statute of the International Criminal Court in a non-discriminatory fashion - in other words as applicable against both natural and legal persons. Australia will be given as an example of this. This paper will focus particularly on the future potential of extraterritorial national law in order to address multinational corporate involvement in international crimes. As well as considering the arguments in favour of the exercise of extraterritorial jurisdiction, resistances arising from within classical international law doctrine and from the perspective of international relations will be considered. It concludes by suggesting complementary ways towards improving the accountability of multinational corporations for involvement in international crime. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The importance of historical narratives to the discipline of 'private international law' or 'conflict of laws' is illustrated symbolically by aphorisms such as the claim that "in private international law, history is everything" and structurally by the place such narratives occupy in conflicts textbooks: a section on the international history of conflicts doctrine seems an essential part of any conflicts treatise. This paper studies the literature on the history of the conflict of laws, in order to demonstrate how a historical consciousness of private international lawyers is formed, and how this affects a comprehensive consciousness of private international law as a discipline (it also often serves to confirm concrete methodological and doctrinal choices). Conflicts historiography tends to privilege specific periods, even specific types of historical material (e.g. doctrinal texts as opposed to court and legal practice). At the same time, conflicts historiography has tended to evolve, in ways which echo the transformation of private international law scholarship. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In the 20st century, international norms and international institutions have mushroomed. The international system became increasingly structured by hard and soft law. Although compliance is very frequent, non-compliance takes place and diminishes the effectiveness of law beyond the nation state. The legalization literature stresses the importance of delegating competencies to independent judicial authorities in order to restore states' compliance with international law. The European Court of Justice (ECJ) resembles an empirical extreme type of high delegation. In drawing on a comprehensive database on non-compliance with EU law, this paper examines the pattern of successes and failures in restoring compliance with European law against the resistance of EU member states. Firstly, it demonstrates that the ECJ is most often successful and contributes to the European Union as a vivid political and legal community. Secondly, it explores the ECJ's toolbox and explains why the ECJ is sometimes successful in restoring compliance and fails in other instances. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Where there is an armed conflict, there is inevitably sexual violence. There is a link between sexual violence and armed conflict; armed conflict results in casualties and many of those casualties include women who have been sexually violated. The occurrence of sexual violence during armed conflict necessitates a reaction from the states in accordance with their obligations under international law. There is an increasing documentation of sexual violence against women during the armed conflicts in Africa. This paper explores sexual violence, armed conflict and international law in Africa. While the African regional system has been criticised for its inadequacy, however, this article will demonstrate that Africa is making a significant contribution to the development of international law on sexual violence during armed conflict. First, I will explore the concept of sexual violence during armed conflict and the status of such violence under international law. I will then analyse international law protecting women from sexual violence during armed conflict and the jurisprudence of the international tribunals. Further, I will examine the obligations of states under international law. Finally, I will look at Africa’s regional system to ascertain the role Africa plays in constructing a legal framework to protect women from sexual violence during armed conflict. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper will present the findings of my doctoral research into the international law of self-determination, and the challenges faced by that law in the twenty-first century. Using the case studies of nationalist Ireland and Indigenous Australia, I argue that self-determination's mission of decolonisation has not yet been completed. That recognition, however, must be tempered with the realisation that all contemporary self-determination claims have potential impacts on the human rights of groups other than the claimants. For that reason, I advocate the guided development of self-determination in international law, focusing particularly on how self-determination claims may be balanced within the broader human rights framework. A key element of that process is to move beyond the stultifying question of 'who is the self?' towards contemporary self-determination solutions, which make room for peoples within an inclusive international legal framework. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Drawing on the rich body of scholarship surrounding the relationship between rights and remedies in U.S. constitutional law, this paper explores a number of theoretical questions related to remedies in international human rights law and assesses and compares the remedial jurisprudence of several international courts. It assesses the ways in which courts' institutional capacity and legitimacy concerns shape their remedial choices, and the ways in which the remedies available to courts in turn shape their substantive interpretations of the underlying rights. It considers whether and under what circumstances the remedial rules adopted by international courts constitute international law. Finally, it assesses the problem of remedial shortfall, considering whether in some circumstances a right-remedy gap may be either inevitable or desirable, and outlining principles for identifying acceptable second-best solutions when complete remedies are unattainable. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The Genocide Convention of 1948 is universally hailed as a corner stone of the modern international law of human rights and the protection of minorities. Yet jurists, intellectuals and others have found it difficult to reconcile the Convention's narrow definition of genocide with attempts to confront those who seek to exterminate certain defined groups. Does the Convention provide sufficient protection to those who need its comfort? This paper seeks to answer this question. It will also investigate whether the categories of protected persons under the Convention actually act as an impediment to protection by affirming the categorization of people along racist and colonialist lines. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The study of human rights and how certain human rights are protected under religious law, national laws and international laws exemplifies the tensions that can arise if different legal systems confront each other. On the one hand international law is supranational and, arguably, could be considered the dominant legal system with global or universal standards. However, international human rights law is also sometimes called 'soft' law as the implementation and application of international human rights laws falls within the responsibility of the state and is therefore often undermined. The neutrality of international human rights law, that is the assumption that international human rights law is not infused by certain cultural values and notions, has been contested several times - amongst others from an Islamic perspective - arguing that international human rights are, in fact, based on Western concepts of human dignity and that according to the Western tradition the source of human dignity is secular in nature. This can create inherent tensions for the application of 'secular' international human rights in countries where Islamic law (sharî'ah) is applicable as Islam makes no distinction between 'religion' and 'law'.One country where these tensions between obligations under international human rights law, national laws and religious laws can be observed is Malaysia. Malaysia has tried to absorb Islam within a framework of modern secular state. This uneasy compromise that has been forged in the process can be illustrated through a case study of freedom of religion in the Malaysian legal context. Freedom of religion is constitutionally guaranteed, but in practice this freedom is severely restricted.The paper will analyse the legal context in which freedom of religion is framed focusing in particular on the tension between the two different legal court systems, state and religious, that are dealing with cases of freedom of religion. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Guerrilla resistance to foreign occupation has been a vexed issue for States for more than a century. On the one hand international law does not prohibit armed resistance to enemy occupation. On the other hand such conduct is punishable under the law of occupation (GC IV Art 64-68). My paper examines whether such resistance may be justified under the individual right of self defence under domestic law. It highlights the problem of genocidal occupations. The right of Jews living in German occupied territory during World War II to use force in self preservation (in the exercise of the right of self defence under domestic law) is self evident. I argue that this right is available irrespective of the fact that Jews in the Warsaw Ghetto were unlikely to have qualified as combatants under the Hague Regulations (1907). The recent occupation of Iraq raises a slightly different question: 'Was the right of self defence under Iraqi domestic law available to Iraqis in the face of widespread use of torture against relatives and compatriots in the occupiers detention facilities?' The answer is derived from an analysis of specific cases, as well as general principles of international law recognised by States which include the right of indivudal self defence and the right of self defence in aid of another . ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In this paper, I will present some results from cross-cultural survey of human rights that are a part of the APDR project (the Asia Pacific Dispute Resolution Project.) These data are collected from Canada, China, and Japan. Based on the results, I will argue that the respondent's views on international and local laws and norms as well as legal and ADR institutions are structured according to each legal culture. Although Canada, Japan, and China share the "modern" court system, their attitudes toward the judiciary vary in many respects. Especially for human rights matter, their evaluation of international standards as a tool for solve dispute depends partly on how human rights matter is perceived and partly on how they are protected domestically. Of course each community has its own lay system for dispute resolution. Even in those systems people refer to national and international laws for supporting their claims. Considering these tendencies, I will conclude that people selectively adapt international standards in their legal consciousness. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

When UNO was founded, it understood that the protection system of human rights would also enclose the protection of individuals members of minorities who, therefore, would not need anymore a specific system, as in the times of the League of Nations. Recently, however, the UNO changed its paradigm. Because of the incapacity of this system to face the attempts against cultural, religious and linguistic identities of minorities, the UNO started to develop a specific protection system of minorities, followed by the International Criminal Court for crimes committed mainly against "groups". Also the social psychology studies on the relation between personal and collective identity had started to dedicate special attention to the psychology of minorities; and the normative political philosophy normative, dominated by the reflection on the universalistic character of human rights, began to inquire more attentively on the ethical foundation of minorities. The aim of this paper is to investigate these changes in the international system of protection of human rights and minorities, particularly in the case of Brazil. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Drawing upon preliminary insights deriving from new empirical research in 4 regions in India this paper examines the permeation of international human rights norms, such as those enshrined in CEDAW, in lower courts versus informal justice mechanisms (lok adalats, panchayats & in-court mediations) in cases involving human rights violations of violence against women. In particular, I examine through actors' understandings and experiences (victims, accused, [legal]representatives, judges/mediators) actors' perceptions of the relevance of human rights to these cases and their resolution. The findings inform the norm diffusion literature (Risse et al, 1999) as well as the debate on universalism versus cultural relativism, and provide a critique on the boundaries created both between formal and informal justice as well as between ratified international law and the permeation of international human rights norms in case processing at grass roots levels. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In this paper, we survey concepts of global legal pluralism and their relationship to theories of social movements. While not precisely defined, concepts of global legal pluralism have emerged from three different directions: Niklas Luhman's autopoietic systems theory, the debate about pluralism and fragmentation in international law which is itself drawn from different traditions of sociological analyses, and socio-legal theories of legal pluralism, originally built on studies of the operation of indigenous/traditional systems of law, now contending with the operation of global norms like human rights, on the ground. We examine their relevance to the understanding of the role of law in the contentious collective actions of social movements, in the light of leading theories of social movements. We also examine the relevance of theories of legal pluralism and the intersections among legal orders for the analysis of the nature of international law and its engagement with social movements. We suggest that none of the pluralism theories, by themselves and as developed so far, provide a sufficiently descriptive account of the role of law in social movements, while none of the leading social movement theories reflect a real understanding of the normative role of law in the life of social movements. In particular, we focus on the operation of international human rights norms and their relationship to social movements as an example of the challenges of a global legal pluralist theory to explain the relationship between law and social movements. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The strategy of attaining recognition for universal human rights through treaties is arguably imperfect. Once a country is a signatory to a human rights treaty, the right is a part of the formal legal regime. But even optimistic human rights lawyers recognize that treaties represent only formal agreement, and that a domestic regulatory regime may be insufficiently robust to enforce formally recognized rights. This paper argues, first, that federal or loosely confederal unions provide a second best approach to difficulties in rights recognition. Where countries are bound together in confederations, the second best approach is ease of exit for the recognition of a right, coupled with no adverse consequences on return. Examples include citizens of one state traveling to another for an abortion or a marriage not recognized in his/her home state and being assured return without a diminished presence. We then explore whether the United States and the EU provide this second-best approach. We examine formal legal barriers and the practical extent to which movement for rights occurs. Our conclusion is that there are formal and practical barriers to interstate movement in the United States, but that these barriers are less significant in some areas of the EU. Experience with movement for rights, moreover, provides a context of familiarity in which recognition of more robust rights regimes may develop in home countries where rights are not currently recognized. Although a second best solution, movement for rights may be an important supplement to insufficiently robust domestic regimes of rights enforcement. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

With regard to developing legal safeguards for Traditional Cultural Expressions (TCE) at the international level there are many contradictions: One that is particularly interesting for lawyers trying to apply modern copyright instruments to protect TCE is a collision between modern and archaic perceptions of TCE: Copyright based approaches presuppose that TCE are "works of art or literature". Anthropologists, however, point to the fact that TCE fulfil ritual or indicative functions which are not comparable to the western concept of autonomous modern art underpinning the copyright definition of the protected "work". The paper wants to offer a closer look at some collisions between particular knowledge forms and principles of organisation of tribal societies and modern law. In a first step, reasons for such conflicts are explored and, in a second step, human rights are introduced as collision norms. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper will in part carry forward my concerns with the two 'terror' wars but also offer some scope for mediating further on what Gerry Simpson recently highlights as forms of anti-liberal pluralism of the post-modern international law now in the making. The law and society movement has been concerned with some dimensions of this in terms of forms of globalized law, the universality of human rights and the 'new' law and development movements. Precious as all this remains, some urgent explorations remain necessary for the construction of a comparative social theory of the 'new' international law and its fecund sites for the reproduction of new forms of human rightlessness. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In 2003, President Bush affirmed bipartisan congressional efforts to define prison rape as a national social problem worthy of immediate legislative action and sizeable federal funding when he signed into law the Prison Rape Elimination Act (PREA). The passage of PREA signals prison rape has been rendered increasingly visible as a pressing issue for corrections officials and lawmakers, redefined as a civil rights violation for inmates and wards, taken up by the courts as a form of "cruel and unusual punishment," and politicized as an issue that inextricably intersects with human rights, public health, and the "new managerialism" that informs the operation of an increasingly large prison industry in the U.S. Accordingly, this paper examines how "discursive political talk" is being produced and disseminated such that sexual citizenship for one of the most marginalized populations in U.S. society—prisoners—is reconfigured. Specifically, the empirical focus is on first person testimony as the discursive arena most proximate to the lived experience of prison rape, scientific claims put forth by academics who study prison rape, and claims put forth by the Prison Fellowship Ministries, Stop Prisoner Rape, and the American Correctional Association in an effort to interpret the causes, manifestations, and consequences of prison rape for lawmakers and the public alike. Combined, these stakeholders have ensured that prison rape is now on the national agenda, despite the U.S. public holding an indifferent or retributive attitude toward sexual assault in prisons insofar as it is often deemed "part of doing time." ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

From the World Trade Organization to that of the Organization of American States and the European Union, international legal regimes are integral to international governance, each one ordering social and political interactions amongst states. In the contemporary world, however, these international legal regimes come to play an important role in domestic governance. Thus, domestic law and governance must be understood in light of such international legal regimes. Governance through international legal regimes, nonetheless, does not mean national legal order is meaningless and ineffectual; rather, governance entails the relevance of national legal order alongside its international counterpart. The relevance of both international and domestic legal order to governance, however, begets the question of why do international and domestic legal orders reconcile and operate in harmony as a single entity. In this paper, I will look at the domestification of international law to examine the process by which international and domestic legal orders are reconciled and harmonized. More specifically, I ask: why did the European Convention for the Protection of Human Rights and Fundamental Freedoms integrate into British law through formal incorporation via the Human Rights Act of 1998? In exploring this question, I will bring the role of individuals and social groups to the forefront of the explanation in contrast to state-centric explanations. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]