Public Lawyers and Private Clients: An Empirical Observation on the Relative Success Rates of Cause Lawyers

Cause lawyering is often criticized for creating an untenable tension between the professional obligations of the lawyer to the individual client and the lawyer's ideological commitment to public causes. I sought to test empirically the validity of this argument by comparing the relative success rates of political lawyers and non‐political lawyers in defending their clients' interests in litigation concerning house‐demolition orders before the Israeli High Court of Justice. I found that the general success rates of political lawyers in the research population were significantly higher than those of non‐political lawyers. These findings can serve as an additional support for the various arguments in favor of cause lawyering.     

试论非政府组织在国际环境法中的作用

非政府组织作为政府和企业以外的社会组织的第三种形式之一,在当前人类社会活动的不同领域正发挥着日益重要的作用。随着全球化不断向纵深发展,世界相互依赖的程度日益加深,我们享受着全球化带来的好处的同时,也面临着全球化环境问题的困扰。在传统的以强制力为基础的国家权威无力解决这一棘手问题时,非政府组织的作用渐趋突出,他们是国际环境法的参与者、监督者和促进者,是国际环保事业的重要组织者和参加者。     

国际秩序与国家主权关系探析

国际秩序与国家主权是一种逻辑互动关系。一方面,当今国际秩序对国家的政治主权、司法主权以及国家主权平等原则等产生了消极的影响;另一方面,尊重国家主权是建立公正、合理的国际秩序的基础。在未来的国际秩序中,增进国际合作、促进国际协调机制的进一步发展和多边主义的强化,是唯一理性的选择。     

State Crime,the Prophetic Voice and Public Criminology Activism

State crimes are, by far, the most destructive of all crimes. The use and threat to use nuclear weapons, the aerial bombardment of civilians, wars of aggression, torture, the failure to mitigate global warming and adapt to climate change ecocide, along with myriad other state-corporate crimes, fill the world with death and devastation, misery and want. This article argues that criminologists have a responsibility to act as public criminologists by speaking in the “prophetic voice” concerning these crimes and their victims, and then acting in the political arena in an attempt to control and prevent these harms. The paper briefly describes three approaches to engaging in what Belknap (Criminology 53:1–23, 2015) calls “criminology activism” on these issues. The first approach is for criminologists to counter the cultures of denial and normalization that usually cover state crimes. The second involves contesting the global corporate capitalist system and the power of the American capitalist state in an effort to achieve specific progressive policy reforms and structural changes in the global political economy. Finally, criminologists can work to enhance the democratization of the international political community and strengthen the ability of specific international legal institutions to control state crimes.     

Swaying the Hand of Justice: The Internal and External Dynamics of Regime Change at the International Criminal Tribunal for the Former Yugoslavia

This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003 ) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legalism, and legal exceptionalism result in internal office, organizational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organizational change within international institutions.     

"Interdependence": The Reality,the Concept,and the Policy

During the entire postwar period, the term "interdependence" has figured repeatedly in statements by American governmental figures and in the writings of bourgeois political scientists. In the past two or three years, it has acquired a new ring. Whereas previously American expressions regarding "interdependence" applied to relationships within the framework of NATO, today they have to do with a considerably broader sphere of foreign policy relationships of the United States, including those involving the entire capitalist world and the developing countries. In a number of cases, American writers working on the "interdependence" problem have also included certain aspects of the relation between capitalist and socialist states. They undertake to analyze, from the standpoint of bourgeois political science, various aspects of "interdependence" — economic, physical-geographical (deriving from mankind's ever more intensive joint utilization of the atmosphere, the waters and floor of the world ocean, near outer space, solar and subsurface energy, etc.), military-political (having to do with the threat of destruction of world civilization should a nuclear war occur), cultural, and so on.     

Turning Off the Tap: Urban Water Service Delivery and the Social Construction of Global Administrative Law

This article explores the development of a cross-border dimensionto the delivery of urban water services as an arena for thesocial construction of global administrative law. When companiesfrom one country deliver water services in another country underdecades-long concession contracts, the ensuing political andlegal struggle engages one of the central strands of administrativelaw traditionally understood: the question of participationin decision-making processes that affect vital individual interests.Moreover, it does so in an arena that embeds public and privateactors in hybrid routines of both formal and informal participationat multiple levels of governance. Using Argentinian and SouthAfrican case studies, the article teases out in detail the interplaybetween international and domestic levels of the forms and processes(both formal and informal) that facilitate participation intransnational urban water services governance. The process ofsocially constructing global administrative law is centred initerative interaction between formal legal and informal politicalmodes of participation, especially social protest and politicalnegotiations. It is a process with two modes, political andtechnical, and the political salience of global administrativelaw is shaped first by differential capacities to deploy bothmodes, and secondly by the capacity to switch between nationaland international levels of governance.     

Conceptualizing Security Exceptions: Legal Doctrine or Political Excuse?

The dominant world political theory for international engagementhas long been Realism, where state power and state interestsare viewed as determining the limits on state relations. Increasingly,however, new theories have emerged to assist our understandingof how and why states interact in a global setting dominatedby international institutions and their antecedent agreements.This is no more apparent than in the field of internationaleconomic relations under the control of the World Trade Organization.Using political and legal theories, this essay explores whetherWTO security exceptions are legal doctrines or political excusesand how this informs our present, and possibly future, understandingof international state interaction.     

How Brazil outpaced the United States when it came to AIDS: the politics of civic infiltration, reputation, and strategic internationalization

Using a temporal approach dividing the reform process into two periods, this article explains how both Brazil and the United States were slow to respond to AIDS. However, Brazil eventually outpaced the United States in its response due to international rather than democratic pressures. Since the early 1990s, Brazil's success has been attributed to "strategic internationalization": the concomitant acceptance and rejection of global pressure for institutional change and antiretroviral treatment, respectively. The formation of tripartite partnerships among donors, AIDS officials, and nongovernmental organizations has allowed Brazil to avoid foreign aid dependency, while generating ongoing incentives for influential AIDS officials to incessantly pressure Congress for additional funding. Given the heightened international media attention, concern about Brazil's reputation has contributed to a high level of political commitment. By contrast, the United States' more isolationist relationship with the international community, its focus on leading the global financing of AIDS efforts, and the absence of tripartite partnerships have prevented political leaders from adequately responding to the ongoing urban AIDS crisis. Thus, Brazil shows that strategically working with the international health community for domestic rather than international influence is vital for a sustained and effective response to AIDS.     

国际河流开发的区域合作法律机制

世界范围内的水资源短缺导致国家之间的"水冲突",尤其是因国际河流的利用导致的冲突时有发生。除了政治和外交努力之外,运用国际法的手段来解决国际河流冲突成为各国的共识。本文试图梳理现有国际河流的国际规则,分析国际河流开发过程中的各种国际利益冲突,为国际河流开发提出一个新的框架——建立在多边协定根本原则基础上的区域合作机制,以期通过国际法的手段预防和解决国际河流开发引发的国际冲突。     

Interpreting the Political Theory in the Practice of Human Rights

In this discussion of The Heart of Human Rights, I support Allen Buchanan’s pursuit of a theory-in-practice methodology for interpreting the foundations and meaning of international legal human rights from within the practice. Following my use of that methodology, I recharacterize the theory of rights revealed by this methodology as political not moral. I clarify the import of this interpretation of international legal human rights for two problems that trouble Buchanan: (1) whether the scope of ‘basic equal status’ is a global or an ‘intrasocial’ standard and (2) whether there is a ‘proliferation’ of rights that risks undermining the legitimacy of international legal human rights. I argue that the scope of basic equal status is global and that the practice of making what he calls ‘new’ rights claims is part of the practice of human rights.     

The Pluralism of Global Administrative Law

As public power is increasingly exercised in structures of globalgovernance, principles of domestic law and politics are extendedto the global level, with serious repercussions for the structureof international law. Yet, as this article seeks to show forthe emerging global administrative law, this extension is oftenproblematic. Using administrative law mechanisms to enhancethe accountability of global regulation faces the problem offundamental contestation over the question of to whom globalgovernance should be accountable. National, international andcosmopolitan constituencies are competing for primacy, and thisresults in an often disorderly interplay of accountability mechanismsat different levels and in different regimes. This pluraliststructure, based on pragmatic accommodation rather than cleardecisions, strongly contrasts with the ideals of coherence andunity in modern constitutionalism and domestic administrativelaw. However, given the structure of global society, it is likelyto endure and it is also normatively preferable to alternative,constitutionalist approaches. It helps avoid the friction thatmay result from a federal-type distribution of powers and thepractical problems of a consociational order, and by denyingall constituencies primacy it reflects the legitimacy deficitsof each of them. Mirroring divergent views on the right scopeof the political order, it also respects everybody’s equalright to political participation. A pluralist global administrativelaw thus presents an alternative to problematic domestic modelsfor ensuring accountability in the circumstances of global governance.     

Between Law and Transnational Social Movement Organizations: Stabilizing Expectations of Global Public Goods

This article draws on Niklas Luhmann's theory and method to present transnational social movement organizations as a solution to the problem of increased expectations of global public goods which fail to find adequate accommodation in law. As a concrete example of the limits of law in this respect, it examines the non liquet of the World Court on the question of the illegality of nuclear weapons. The trajectory of anti‐nuclear norms is traced beyond the limits of law to the alternative structure of transnational social movement organizations, and the article presents such organizations as stabilizing increased expectations of global public goods through their recursive decision making and their capacity to continuously project those expectations at the legal and political systems. This generates observations on the concept of ‘global governance ‘, the structural relations between global civil society and international law, and the role of this form of organization in the evolution of the global political system.     

Restructuring "Germany Inc.": The Politics of Company and Takeover Law Reform in Germany and the European Union

The reform of German company law by the Control and Transparency Law (KonTraG) of 1998 reveals the politics of corporate governance liberalization. The reforms strengthened the supervisory board, shareholder rights, and shareholder equality, but left intra‐corporate power relations largely intact. Major German financial institutions supported the reform's contribution to the modernization of German finance, but blocked mandatory divestment of equity stakes and cross‐shareholding. Conversely, organized labor prevented any erosion of supervisory board codetermination. Paradoxically, by eliminating traditional takeover defenses, the KonTraG's liberalization of company law mobilized German political opposition to the European Union's (EU) draft Takeover Directive and limited further legal liberalization.     

Linking the global to the national: an application of the international pathways model to examine the influence of international environmental agreements on Cameroon’s forest policy

Cameroon’s tropical forest cover is one of the largest in the world. It is home to some of the world’s rarest plant and animal species. However, the country has suffered extensive forest loss for many decades as a result of socioeconomic and political factors. The growing global concern for the health of the world’s forests and related global issues has placed pressure on Cameroon to sustainably manage its forests. The intricacies of domestic and international pressures on Cameroon’s forest sector means that policy makers have to take into consideration the dynamics of the domestic-international nexus in developing the country’s forest policies. The increasingly integrated global governance of the world’s forests—international agreements, protocols and treaties, international program, international institutions, international actors, and international norms—together constitute international policy regimes that have influenced the direction of Cameroon’s forest policy. Employing the international pathways framework model, an analytic model which describes how transnational actors and international institutions affect domestic policies and policy making, this paper examines the extent to which international environmental agreements have influenced the direction of Cameroon’s forest policy and policy making. The application of the international pathways model facilitated analytic review and allowed for a better understanding of how Cameroon has utilized the complex global forest governance arrangements to enhance its domestic forest policy.     

IP law and policy in the United States: trends and developments

Many scholars in political science and international relationshave discussed the obvious shift in world politics from theCold War period to the post-9/11 era. Nation-states now sharethe turbulent global stage with other important actors (eg non-governmentalorganizations and multinational corporations). The field ofUS intellectual property (IP) law is no different. The presentforces of globalization and technology have shaped the developmentand direction of IP policy. In a collection of six essays, ProfessorHugh Hansen, as editor of US Intellectual Property Law and Policy,invites readers to explore the trends of American IP law. Thesesix essays, as Professor Hansen rightly     

全球化与社会主义意识形态关系探析

在全球化的背景下,国际社会中经济上的不平等日益导致和加剧了政治上的分裂和文化上的不平等,特别是强权国家国际干预的扩大及其在全球范围内谋求世界霸权的战略设计、后现代的消费主义对文化市场的占领、互联网等现代科技在一定程度上对意识形态话语权控制力的强化,直接对我国社会主义意识形态形成冲击.因此,如何深刻认识全球化对社会主义意识形态带来的挑战,准确把握当代世界在意识形态方面的总趋势,倡导一种科学对待意识形态的态度,是我们必须加以重视和研究的重大课题.     

Distributed Generation of Electricity: The Role of Academic Research and Advice in California’s “Clean DG” Policy Network

Deregulation and the combined threats of energy crises and global warming concern nations around the world, yet these issues continue to be addressed more directly by domestic regulatory systems than by international institutions. The present analyses of the integration of distributed sources of power generation (DG) into California’s electric utility system suggests that domestic environmental dilemmas with international repercussions provide an obvious entrée for global environmental policy specialists into the practice of environmental policy-making and law. Here I review current scholarship on policy networks that illuminates the contributions that technical and policy experts can make to such networks surrounding environmental issues. I then introduce the key members of California’s “clean DG” policy network that emphasizes the role of academic experts in this influential political system, and discuss how my own research has impacted the development of the state’s DG policy. I conclude that scholars are well positioned to observe and engage domestic and international environmental policy networks, and thereby also to influence environmental politics and law.     

全球化背景下国际反倾销制度合理性之反思

在全球范围内,反倾销出现了全球性的趋势,并成为一些发达国家对发展中国家进行政治经济讨价还价的工具。但反倾销制度是国际政治经济角力的结果,应该从发展中国家的视角重新定义反倾销制度,发展中国家要积极地在现有的反倾销规则和程序下谋求改革,进行抗争,争取话语权,改革不合理的部分。     

The 2 °C target: a European norm enters the international stage—following the process to adoption in China

“The 2 °C target—a European norm enters the international stage” is an empirical, qualitative study, using the case of China to illustrate the role played by the EU as a leader and forerunner pushing for a 2 °C target using diffusion mechanisms of persuasion and socialization. In order to better understand and evaluate how international and European climate norms enter the global and domestic discourse, the article details the nascent theoretical debate and critically assesses the role of the scientific community as translating medium. In the field of climate change China has been an increasingly important member of the UNFCCC process and a key target of European engagement policies. Process tracing shows that British scientific and political personalities took central roles introducing the discourse about the 2 °C target in China. The article aims to set an example of possible trajectories a norm can follow and will require further testing in the future.