Legalization and World Politics (International Organization Special Issues)
Language: English
Pages: 336
ISBN: 026257151X
Format: PDF / Kindle (mobi) / ePub
In recent years, international law has become more relevant to world politics as rules have become more precise and obligatory and the delegation of dispute resolution to third parties more frequent. Political scientists have done significant work on international institutions, and international legal scholars have developed politically sophisticated ways of examining the law. In Legalization and World Politics, well-known political scientists and legal scholars offer a joint exploration of changes both in the world and in the two disciplines.
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legalized agreements and institutions may induce more long-lasting agreements. The changes in domestic politics generated by legalization may also reinforce the position of interests that favor enhanced international cooperation. On the other hand, because of their increased certainty and precision, legal agreements engender high negotiating costs, both across societies and within them: ex ante bargaining is likely therefore to be more prolonged and difficult.40 As Goldstein and Martin argue,
issues—such as social subsidies or industrial policy—or require states to change domestic laws or governance structures. Their significance is reflected in European concerns over the ‘‘democratic deficit’’ and complaints of American activists regarding the ‘‘faceless bureaucrats’’ in the WTO. Nevertheless, the impact of such arrangements is tempered by states’ ability to withdraw from international agreements—although processes of enmeshment may make it increasingly costly for them to do so.
we seek to connect international politics, international law, and domestic politics. Clearly the power and preferences of states influence the behavior both of governments and of dispute resolution tribunals: international law operates in the shadow of power. Yet within that political context, we contend that institutions for selecting judges, controlling access to dispute resolution, and legally enforcing the judgments of international courts and tribunals have a major impact on state behavior.
President Eisenhower’s appointment of Justice William Brennan, who gave little sign of the strong liberal standard-bearer he would become. 28. Ramseyer and Rosenbluth 1997. 29. Feldman 1986, 1004. 30. Lecture by Federico Mancini, Public Representation: A Democratic Deficit? Conference at Harvard University, Center for European Studies, 29–31 January 1993. 31. Welch 1992. 32. Forsythe 1994. 33. See Bass 1998; and Bassiouni 1998. 88 International Organization persistent individual litigants, and
court system deals with direct challenges to administrative acts and national law and, for most of these cases, the Conseil d’E´tat is the court of first and last instance. For reasons that will be discussed, the Conseil d’E´tat is not receptive to EU legal challenges, and in most cases it cannot be circumvented or pressured from courts beneath it.55 The lack of judicial support from the court best placed to entertain challenges to national policy is a big reason why there are fewer litigant
