Search

Begin New Search

39101. Towards a Global History of International Law? Editor's Note

Author:
Alexandra Kemmerer
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
As usual, international law comes in late. It was already in the golden years of new world orders and geopolitical shifts after the end of the Cold War that historiography began its global turn. Of course, there had been pioneers and path-breakers before, but it was only in the 1990s that an ambiance of globalization and trans-nationalization triggered new approaches on a larger scale. An actual experience of political, economic and cultural interconnectedness put historiographical emphasis on transfers, networks, connections and cooperation, on transformation and translation.Historical analysis was called to overcome not only the boundaries of the nation-state, but also the limitations of material and epistemic Eurocentrism in its various forms. During the past decade, there has been a growing interest in global histories in many parts of the world.
Topic:
International Law
Political Geography:
Africa and Europe

39102. The Spectre of Sources

Author:
Rose Parfitt
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The editors of this impressive and timely volume, Anne Peters and Bardo Fassbender, begin their Introduction (at 2) with the following statement of purpose: [W]e, the editors and authors, [have] tried to depart from ... the 'well-worn paths' of how the history of international law has been written so far — that is, as a history of rules developed in the European state system since the 16th century which then spread to other continents and eventually the entire globe.
Topic:
International Law
Political Geography:
Europe

39103. Sleepy Side Alleys, Dead Ends, and the Perpetuation of Eurocentrism

Author:
Stefan B. Kirmse
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
My reading of The Oxford Handbook of the History of International Law, edited by Bardo Fassbender and Anne Peters, has undoubtedly been framed by my own field of research. This field is not international law, but the historical anthropology of Russia and Eurasia and includes changing legal practice in a context of increasing global connectedness. My review is therefore not intended to relate the Oxford Handbook to the wider historiography of international law, which I leave to other contributions in this symposium; it is meant to offer an external perspective on the question of Eurocentric analysis. The editors of the Handbook have identified Eurocentrism as one of the key challenges to overcome in the study of international law.
Topic:
International Law
Political Geography:
Russia and Persia

39104. Is there a Role for Islamic International Law in the History of International Law?

Author:
Nahed Samour
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Overcoming Eurocentrism is one of the self-proclaimed aims of the editors of The Oxford Handbook of the History of International Law. In the following, I shall offer a critique of the Handbook from a largely Islamic international law perspective as (but) one example of a supranational non-European legal system. The depth of the volume covering a variety of times, spaces, and themes provides us with a much awaited tool against the 'gaps' and the 'forgetfulness' of how today's doctrines and practices of international law came about, not shying away from the voices that question the narrative of international law serving peace and justice. The Handbook is therefore laudable for a number of things.
Topic:
International Law and Islam
Political Geography:
Europe

39105. Statelessness: An Invisible Theme in the History of International Law

Author:
Will Hanley
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The Oxford Handbook is a welcome and necessary intervention in the history of international law. In the introduction, the editors signal their reformist programme: out with the progressive, triumphalist narrative; in with the dark side of international law and its side tracks outside the European experience. In addition to this programme, the project displays two further signs of its serious intent to change the field. First, the authors embarked on a truly collective project, including a week of face-to-face consultation, in a rare effort to define a reasonably unified agenda. Scholarly redirection is a social as well as an intellectual undertaking, and the community built around this volume marks its purposefulness. Secondly, the book's scope is massive: more than five dozen chapters, more than three dozen authors, and more than 1,000 pages of text provide the bulk necessary to accomplish the paradigm shift that the editors intend. The extensive range of the book, especially in its 'Regions' section, does what is necessary to transform globalizing intent into actuality. It is a foundational volume, and any scholarly edifice building upon it will have a broader footprint than was previously possible.
Topic:
International Law
Political Geography:
Europe

39106. Overcoming Eurocentrism? Global History and the Oxford Handbook of the History of International Law

Author:
Anne-Charlotte Martineau
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Last Spring, the Rechtskulturen programme, an initiative of the Wissenschaftskolleg zu Berlin at the Transregionale Studien Forum, invited me to participate in a symposium on the Oxford Handbook of the History of International Law – a robust book of 1250 pages. I was asked to 'critically assess' the Handbook's 'global history' approach, that is, to assess whether it was a successful step in 'overcoming Eurocentrism' in the history of international law. The symposium turned out to be a wonderful event, a gathering of historians, anthropologists, political scientists, and lawyers, where I became very conscious of my own professional language but where I also experienced a willingnesss to transcend disciplinary boundaries and biases. The following remarks should be interpreted as a continuation of that discussion. Before looking at some of the contributions in the Handbook that did depart from 'well-worn paths' (to use the editors' expression) (3), I would like to say few words about the 'global history' approach (1) and the unfortunate resilience of Eurocentric voices in the Handbook (2).
Topic:
International Law
Political Geography:
Europe

39107. Prospects and Limits of a Global History of International Law: A Brief Rejoinder

Author:
Anne Peters and Bardo Fassbender
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
As we remarked in the Introduction to our Handbook, it is exciting but also risky to leave a well-worn path (at 2). It means meeting unforeseen obstacles. We were quite aware of the fact that if we wanted to shed light on historical developments in international law which so far had remained in darkness or obscurity, we had to be prepared to encounter the unexpected and not so readily understood – that is, accounts and narratives which call into question conventional wisdom and which, at least initially, pose additional problems rather than providing easy answers. We knew that new research on issues which had rarely been examined before would not be perfect or 'complete'. In other words, we expected, and in fact expressly invited, criticism of a work which tried to break new ground.
Topic:
International Law
Political Geography:
Europe

39108. Michael B. Gerrard and Gregory E. Wannier (eds). Threatened Island Nations. Legal Implications of Rising Seas and a Changing Climate

Author:
Susannah Wilcox
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
There is growing evidence that climate change-related impacts like rising sea levels, higher storm surges, and changing rainfall patterns are exacerbating existing vulnerabilities like poverty, isolation, and resource scarcity, and may eventually leave small island states uninhabitable, causing the displacement of entire populations. Among those particularly at risk are low-lying coral atoll states like Kiribati, Tuvalu, and the Republic of the Marshall Islands in the Pacific Ocean, and the Republic of the Maldives in the Indian Ocean.
Topic:
Poverty
Political Geography:
Europe, Kiribati, Marshall Islands, Tuvalu, and Maldives

39109. Michael Byers. International Law and the Arctic

Author:
Timo Kolvurova
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Those who follow the newspapers and media in general are led to believe that the stakes are getting higher in the Arctic. Climate change is melting the sea ice and opening up new economic opportunities: oil, gas, moving fish stocks, and shorter navigational routes are among the benefits to be had by those who are bold enough to make a move. According to the media, China and other emerging economies are claiming their own piece of the Arctic. In the scramble among states for the riches of the Arctic, we sense a scenario that may even drive states to the point of military conflict. Yet, this scramble does not take place in a legal vacuum – there are plenty of legal rules that govern the behaviour of states and other actors in the region. Indeed, this is one of the salient points that Michael Byers makes in his book.
Topic:
Environment, International Law, and Oil
Political Geography:
China

39110. Morten Bergsmo (ed.). Quality Control in Fact-Finding

Author:
James G. Devaney
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Quality Control in Fact-Finding is, above all else, a very welcome addition to the literature on international fact-finding. Whilst there has been a marked increase in the number of fact-finding inquiries established in the last couple of decades, this has not been matched by a similar increase in the number of scholarly studies of such inquiries. In light of both the number and high-profile nature of such inquiries, the absence of scholarship focusing squarely on the contemporary role of inquiries up to the present day seems like an oversight.

39111. Bhopal

Author:
Keith Ekiss
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Narayan told me about the city in India where he once studied, a literary centre known for festivals and lively debates, crowds gathering to hear the poetry readings which, he bragged, went on forever. But when he spoke the name, my face must have shifted. Yes, he said, you've heard about the gas leak. In December, clouds covered the city and its lakes. Warnings sounded and he walked uphill to find a place above the clouds, passing many who didn't know better than to take deep breaths, because the toxins left them short of breath, drawing in the yellow poison. I didn't ask who he lost among the dead. He kept apologizing, embarrassed, repeating a story I'd heard before. All he wanted to tell me, he said, was that wherever you went today it seemed like no one read anymore.
Political Geography:
Bhopal

39112. Finding Bin Laden: Lessons for a New American Way of Intelligence

Author:
Erik J. Dahl
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
ERIK J. DAHL describes the nearly decade-long search for Osama bin Laden and what it reveals about the capabilities and the limitations of the American intelligence community. He argues that this case suggests that we may be seeing the first signs of a “new American way of intelligence” with a reduced reliance on the expensive, high-technology systems of the Cold War and a greater emphasis on broad-based intelligence fusion and analysis.
Topic:
Cold War
Political Geography:
America

39113. Building National Armies after Civil War: Lessons from Bosnia, El Salvador, and Lebanon

Author:
Zoltan Barany
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
THE RECENT LITERATURE ON CIVIL WARS IS WIDE and deep; a number of major studies compel us to rethink what we know about this important subject. One of the areas that has eluded concerted scholarly attention has been the question of how national armies can be developed that satisfy the imperatives of post-civil war reconciliation and democratic consolidation. This issue is at the center of this article.
Political Geography:
Bosnia, Lebanon, and El Salvador

39114. The Role of Political Science in China: Intellectuals and Authoritarian Resilience

Author:
Stephen Noakes
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Stephen Noakes discusses the relationship between political scientists and the state in China. He argues that political scientists do more to strengthen the rule of the Chinese Communist Party than they do to undermine it, and are therefore complicit in preserving the authoritarian status quo.
Political Geography:
China

39115. Papers Please: State-Level Anti-Immigrant Legislation in the Wake of Arizona's SB 1070

Author:
Sophia J. Wallace
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Sophia J. Wallace examines the factors that influence the introduction of SB 1070–type bills in state legislatures. She finds that Republican control of state legislatures and a rising unemployment rate greatly increase the likelihood of introducing this type of restrictive immigration bill. She asserts that Latino population changes and the percentage of Latino state legislators do not have an impact.
Political Geography:
Arizona

39116. Critical Junctures, Catalysts, and Democratic Consolidation in Turkey

Author:
Ramazan Kiling
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Ramazan Kilinç argues that at critical junctures, structural factors weaken and actors are enabled to gain strength for future political trajectories. He applies this argument to democratic consolidation in Turkey. He finds that the 1997 military intervention unintentionally led to the eventual outcome of democratic consolidation. In the absence of this catalyst, it might have taken several more years for structural factors to generate democratization.
Political Geography:
Turkey

39117. Serving or Self-Serving? A Review Essay of Robert Gates's Memoir

Author:
Robert Jervis
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Robert Jervis reviews Robert Gates's recently published memoir, Duty: Memoirs of a Secretary at War. The reviewer argues that the memoir is very revealing, but inadvertently so insofar as it shows for example Gates's failure to focus on the key issues involved in the decisions to send more troops to Afghanistan and his inability to bridge the gap between the perspectives of the generals and of the White House.
Topic:
War
Political Geography:
Afghanistan

39118. An Education in Politics: The Origin and Evolution of No Child Left Behind

Author:
Terry M. Moe
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
On substantive grounds, Jesse H. Rhodes's An Education in Politics is yet another detailed account of the history and politics of No Child Left Behind (NCLB), the watershed federal legislation adopted in 2001 that sought to bring accountability to the nation's schools. Rhodes's approach, however, is explicitly theoretical—a very good thing—and his aim is to contribute to the "institutional theory of change." Claiming that other scholars of political institutions have tended to focus either on the "agency of political entrepreneurs" or the "institutional constraints" that limit them, he argues for a unified approach that brings the two together into proper balance. His solution is a theory of "institutionally bounded entrepreneurship," which he formulates early in the book and then employs to structure the historical analysis that follows.
Topic:
Education and Politics

39119. Acting White? Rethinking Race in Post-Racial America

Author:
Jennifer L. Hochschild
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
The number of publications arguing that the United States is not post-racial despite twice electing Barack Obama to the presidency is many orders of magnitude greater than the number of publications claiming that the United States is post-racial. In fact, it is difficult to find anyone asserting post-raciality beyond one New York Times Magazine article and a few Fox News commentators around the 2008 election. Nevertheless, attacks on the purportedly common assumption continue.
Political Geography:
United States, America, and Germany

39120. He Runs, She Runs: Why Gender Stereotypes Do Not Harm Women Candidates

Author:
Jessica Robinson Preece
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
The conventional wisdom, as understood by campaign strategists and the media, is that being a woman is a liability in electoral politics. Female candidates face an impossible task—they must convey the toughness, competence, and confidence of a politician, while simultaneously conveying the warmth and modesty of a lady. Consequently, it is much more difficult for women to successfully navigate a political campaign. Anecdotal evidence supporting this conventional wisdom is easy to find. However, systematic evidence is scarce. Is it possible that the conventional wisdom is just plain wrong? Deborah Jordan Brooks contends that it is.
Political Geography:
United States