The Transnational Legal Ordering of the Death Penalty

A transnational legal order (TLO) authoritatively shapes “the understanding and practice of law” in a specific area of social activity, involving both state and civil society actors, and linking national, regional, and international levels. We argue that a TLO has emerged and settled since 1945 around capital punishment. Our analysis of the death penalty TLO treats “bottom-up” and “top-down” effects as interconnected, addresses the creation of legal order at both national and international levels, and emphasizes the recursivity linking developments at both levels. We trace the development of death penalty abolition from its origins in the immediate aftermath of World War II. Because the practical effects of abolition—in shaping legal and penal practice—necessarily occur at the national level, the analysis focuses on the international, transnational, and domestic factors that lead states to end capital punishment. After describing the emergence of a TLO abolishing the death penalty, we offer a new way of measuring the global and country-specific activities of transnational advocacy groups (Human Rights Watch and Amnesty International). We incorporate that measure in an analysis of data from about 150 countries. The central hypothesis is that making the TLO on capital punishment effective through abolition in national law requires modes of political action that overcome majoritarian public support for retention. We suggest two domestic institutional features that make abolition more likely despite retentionist popular opinion: proportional representation in the legislature and independent courts. We also suggest that transnational non-governmental organizations (NGO) and some regional organizations can support the move to abolish. The data analysis is largely consistent with these propositions and brief case studies illustrate the principal mechanisms

Germany's Refugee Policy Making Crisis: How the Clash of Normative Systems Affected the Decision Making Process

Although Germany has had a long history of restrictive and uncoordinated immigration and integration policies, the country seemed to experience a paradigm shift during the refugee crisis in 2014/15. In the light of unprecedented support from actors across the political spectrum, the country introduced a variety of pro-refugee policies, actively welcoming and integrating refugees. However, this approach was ephemeral. Shortly after the initiation of the aforementioned liberal agenda, the country reversed its approach introducing a number of conservative policies outsourcing migration control, increasing refugee responsibilities, and decreasing requirements for deportation and repatriation. This thesis investigates the dynamics of Germany’s refugee policy making by analyzing (1) the initial liberal reaction, followed by (2) the shift to less liberal policies. The empirical findings illustrate that actors utilized different sets of norms in order to advance their preferred policy response during the decision making process. The incompleteness of rule systems and the existence of overlapping refugee and asylum norms on different levels of analysis led to arguments amongst different actors on how to interpret norms and which policies to implement. Further, both logics of appropriateness and logics of consequences figured centrally in public debates which confirms that policy decisions are a product of mixed motives

Discrepancies between International and European Refugee and Human Rights Law

© 2017, The Journal of Global Affairs is the official student research publication of the Department of International and Area Studies in the College of International Studies at the University of Oklahoma. Correspondence may be sent to: Journal of Global Affairs, C/O CIS/DIAS, 729 Elm Avenue, Hester Hall 150, Norman, Oklahoma 73019, United States of America. Email: [email protected] paper explores the intersection of European and international refugee and human rights law. While numerous treaties incorporate the rights of forced migrants, the Refugee Convention with the 1967 Protocol represents the most important instrument in regards to refugee protection. The European Union (EU) has established its own regional refugee and human rights regime with the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union as centerpieces. Although the Court of Justice of the European Union and the European Court of Human Rights have applied more progressive interpretations of refugee and asylum law, they have at times defaulted to conservative rulings, thereby compromising refugee protection. EU legislation, specifically the CEAS with the Dublin Regulation, has qualified the access to asylum and the principle of non- refoulement. The restrictive European visa regime and the various control mechanisms limit the right to seek asylum, the right to leave one's country, and access to an asylum procedure. The "safe country" concept further compromises refugee protection as it homogenizes asylum seekers and decreases the quality of asylum procedures. The EU is likely to continue and expand its conservative asylum system, which will come at the expense of overall refugee security and protection.About Stefanie NeumeierStefanie Neumeier received a bachelor's degree in International Studies with a focus on International Relations from the University of Idaho. She is currently enrolled in the International Studies Master's program at the University of Oklahoma. Stefanie's research interests include Theory of International Relations, International Law, Human Rights, Forced Migration/Refugees, and the European Union. She is interested in further exploring regional and international migration and refugee regimes and the development of security institutions and international law. Previously, Stefanie worked as an intern in the US House of Representatives and in the Bundestag in Berlin, as well as volunteering in refugee camps and serving as a mentor to a Bosnian refugee family. After graduation in May, Stefanie will continue her graduate studies as a Ph.D. student in Political Science and International Relations at the University of Southern California.The Journal of Global Affairs is published in conjunction with the College of International Studies at the University of Oklahoma.undergraduat

The Transnational Legal Ordering of the Death Penalty

A transnational legal order (TLO) authoritatively shapes “the understanding and practice of law” in a specific area of social activity, involving both state and civil society actors, and linking national, regional, and international levels. We argue that a TLO has emerged and settled since 1945 around capital punishment. Our analysis of the death penalty TLO treats “bottom-up” and “top-down” effects as interconnected, addresses the creation of legal order at both national and international levels, and emphasizes the recursivity linking developments at both levels. We trace the development of death penalty abolition from its origins in the immediate aftermath of World War II. Because the practical effects of abolition—in shaping legal and penal practice—necessarily occur at the national level, the analysis focuses on the international, transnational, and domestic factors that lead states to end capital punishment. After describing the emergence of a TLO abolishing the death penalty, we offer a new way of measuring the global and country-specific activities of transnational advocacy groups (Human Rights Watch and Amnesty International). We incorporate that measure in an analysis of data from about 150 countries. The central hypothesis is that making the TLO on capital punishment effective through abolition in national law requires modes of political action that overcome majoritarian public support for retention. We suggest two domestic institutional features that make abolition more likely despite retentionist popular opinion: proportional representation in the legislature and independent courts. We also suggest that transnational non-governmental organizations (NGO) and some regional organizations can support the move to abolish. The data analysis is largely consistent with these propositions and brief case studies illustrate the principal mechanisms

The Transnational Legal Ordering of the Death Penalty

A transnational legal order (TLO) authoritatively shapes “the understanding and practice of law” in a specific area of social activity, involving both state and civil society actors, and linking national, regional, and international levels. We argue that a TLO has emerged and settled since 1945 around capital punishment. Our analysis of the death penalty TLO treats “bottom-up” and “top-down” effects as interconnected, addresses the creation of legal order at both national and international levels, and emphasizes the recursivity linking developments at both levels. We trace the development of death penalty abolition from its origins in the immediate aftermath of World War II. Because the practical effects of abolition—in shaping legal and penal practice—necessarily occur at the national level, the analysis focuses on the international, transnational, and domestic factors that lead states to end capital punishment. After describing the emergence of a TLO abolishing the death penalty, we offer a new way of measuring the global and country-specific activities of transnational advocacy groups (Human Rights Watch and Amnesty International). We incorporate that measure in an analysis of data from about 150 countries. The central hypothesis is that making the TLO on capital punishment effective through abolition in national law requires modes of political action that overcome majoritarian public support for retention. We suggest two domestic institutional features that make abolition more likely despite retentionist popular opinion: proportional representation in the legislature and independent courts. We also suggest that transnational non-governmental organizations (NGO) and some regional organizations can support the move to abolish. The data analysis is largely consistent with these propositions and brief case studies illustrate the principal mechanisms

Stability and Conversion of Tin Zintl Anions in Liquid Ammonia Investigated by NMR Spectroscopy

Homoatomic polyanions of post-transition main-group metals, namely, Zintl anions, are precast in analogous Zintl phases and can react in solution to form new materials. Despite comprehensible reaction approaches, the formed products cannot be planned in advance, as hitherto undetected and therefore disregarded side reactions take place. The outcomes and interpretations of the reactions of Zintl anions are so far based mainly on crystal structures, which only allow characterization of the product that has the lowest solubility. Here we present the results of our investigation of the stability of highly charged tin Zintl anions in liquid ammonia, which is not exclusively based on solution effects but also on the oxidative influence of the solvent. This allows for a deeper understanding of the ongoing processes in solution and opens doors to the directed synthesis of transition metal complexes of Sn44−, here shown by its reactivity towards MesCu