The Domestication of International Commitments

International commitments generally become binding domestic law through a complex process of "domestication" or transformation. Without this process, international commitments frequently lack force or even meaning at the national level, where implementation actually takes place. This paper explores the legal process of implementation and examines how international commitments are transformed into domestic law in six OECD nations: the US, UK, Germany, France, Italy, and the Netherlands. To the degree that institutional design affects the output of complex organizations (e.g. governments), the variations in the process of domestication should affect compliance with and the implementation of international commitments. The rules of ratification, interpretation, judicial challenge, and the priority or ranking of treaty commitments vis-a-vis ordinary statutory law are all surveyed and found to vary widely. These factors appear to interact in complex ways. In addition to some simple hypotheses derived from the institutional variations uncovered, three main conclusions emerge: formal institutional rules appear in practice to be substantially modified and/or elaborated by informal rules and methods; the complexity of both formal rules and actual practice in the domestication of international agreements raises doubts about the importance--and the ascertainability--of legality regarding international commitments; and, these first two conclusions are likely to become less certain over time as the insulation of the executive in foreign affairs--which is a major underlying cause of these conclusions--decreases in response to changes in the nature and scope of international law

Introduction: Rethinking the Impact of the Inter-American Human Rights System

This chapter introduces the central themes of the book and argues that the Inter-American Human Rights System (IAHRS) is activated by political actors and institutions in ways that transcend traditional compliance perspectives and that have the potential to meaningfully alter politics and provoke positive domestic human rights change. The chapter identifies key gaps in existing human rights scholarship, particularly in relation to the IAHRS, and outlines three core perspectives on the System’s impact on human rights. It offers a synthesis of the key findings of the volume, and provides reflections on the future prospects of the System by locating it in its broader global context

The performance effects of creative imitation on original products: Evidence from lab and field experiments

Research Summary: A market entrant often challenges the incumbent using creative imitation: The entrant creatively combines imitated aspects of the original with its own innovative characteristics to create a distinct offering. Using lab and field experiments to examine creative imitation in China, we find the effects of creative imitations on the originals depend on the creative imitation's quality. We explore the underlying mechanisms, and show that including a low-quality creative imitation in the retail choice set increases satisfaction with and choice of the original, while a moderate-quality creative imitation does the opposite. Moreover, creative imitation affects consumers' satisfaction with the original by influencing whether their experience with the original verifies their expectations. Our paper reveals creative imitation effects to help incumbent firms effectively address them. Managerial Summary: When the incumbent is challenged by an entrant using creative imitation, consumers may react differently to the incumbent, and understanding consumers' reactions allows the incumbent to make better strategic decisions about how to address the challenge. Using lab and field experiments, we investigate creative imitations with two quality levels common in our empirical context, low quality and moderate quality, and examine how and why they differentially affect the originals. We find the presence of a low-quality creative imitation actually increased choice of the original by enhancing consumers' satisfaction with it, while a moderate-quality creative imitation reduced choice of the original by undermining satisfaction with it. Our research suggests the incumbent should address moderate-quality creative imitations' challenges to customer satisfaction, while temporarily tolerating low-quality creative imitations

Governing the Global Land Grab: Multipolarity, Ideas and Complexity in Transnational Governance

Since 2008, a series of new regulatory initiatives have emerged to address large-scale land grabs. These initiatives are occurring simultaneously at multiple levels of social organization instead of a single, overarching institutional site. A significant portion of this activity is taking place at the transnational level. We suggest that transnational land governance is indicative of emerging shifts in the practice of governance of global affairs. We analyze such shifts by asking two related questions: what does land grabbing tell us about developments in transnational governance, particularly with regard to North-South relations, and what do these developments in transnational governance mean for regulating land grabbing?Desde 2008, ha surgido una serie de nuevas iniciativas regulatorias para tratar acaparamientos de tierra a gran escala. Estas iniciativas están sucediendo simultáneamente a niveles múltiples de la organización social en vez de un lugar institucional predominante. Una porción importante de esta actividad está tomando lugar al nivel transnacional. Sugerimos que la gobernanza de tierras trasnacionales es indicativa de los cambios que están surgiendo en la práctica de gobernanza de los asuntos globales. Analizamos tales cambios haciendo dos preguntas relacionadas: ¿qué nos dice el acaparamiento de tierras sobre los desarrollos en la gobernanza trasnacional, particularmente con las relaciones norte-sur?, y ¿qué significan estos desarrollos en gobernanza trasnacional para regular el acaparamiento de tierras

Global energy governance : a review and research agenda

Over the past few years, global energy governance (GEG) has emerged as a major new field of enquiry in international studies. Scholars engaged in this field seek to understand how the energy sector is governed at the global level, by whom and with what consequences. By focusing on governance, they broaden and enrich the geopolitical and hard-nosed security perspectives that have long been, and still are, the dominant perspectives through which energy is analysed. Though still a nascent field, the literature on GEG is thriving and continues to attract the attention of a growing number of researchers. This article reviews the GEG literature as it has developed over the past 10 years. Our aim is to highlight both the progress and limitations of the field, and to identify some opportunities for future research. The article proceeds as follows. First, it traces the origins of the GEG literature (section “Origins and roots of GEG research”). The subsequent sections deal with the two topics that have received the most attention in the GEG literature: Why does energy need global governance (section “The goals and rationale of global energy governance”)? And, who governs energy (section “Mapping the global energy architecture”)? We then address a third question that has received far less attention: How well or poor is energy governed (section “Evaluating global energy governance”)? In our conclusions (section “Conclusions and outlook”), we reflect on the current state of GEG, review recent trends and innovations, and identify some questions that warrant future consideration by scholars. This article is published as part of a thematic collection on global governance

Law, Environment, and the “Nondismal” Social Sciences

Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other environmental issues. This review seeks to complement the expansion of economic reasoning and methodology within the field of environmental law and policy by identifying insights to be gleaned from various “nondismal” social sciences. In particular, three areas of inquiry are highlighted as illustrative of interdisciplinary work that might help to complement law and economics and, in some cases, compensate for it: the study of how human individuals perceive, judge, and decide; the observation and interpretation of how knowledge schemes are created, used, and regulated; and the analysis of how states and other actors coordinate through international and global regulatory regimes. The hope is to provide some examples of how environmental law and policy research can be improved by deeper and more diverse engagement with social science

Navigating New Landscapes: The Contribution of Socio-Legal Scholarship in Mapping the Plurality of International Economic Law and Locating Power in International Economic Relations

The evolution of international economic law in the past two decades has been characterised by the growth and diversification of international economic actors, the expansion in the substantive areas governed by international law, and, crucially, the proliferation of multiple sites of international economic governance. This web of multi-layered international economic governance is, in turn, underpinned by complex dynamics of power which structure the legal and economic relations between the subjects of international economic law and other actors impacted by international legal rules and regulation. The challenge for international legal scholarship lay not only in mapping the multiple sites of international economic governance but also in unmasking the power dynamics inherent in international economic relations. Locating and analysing power relations underlying international economic law is to crucial to understanding the cause and effect of international economic rules and institutions for rulemaking. Conventional legal scholarship with its doctrinal focus, while useful in providing the foundational basis for analysis, cannot adequately capture the complexity of contemporary international economic law. Socio-legal approaches may be able to overcome these epistemological limitations by supplying: a) the methodologies to study international economic law beyond a focus on rules and institutions; and b) the critical theoretical lens to understand the power dynamics inherent in international legal relations. The objective of this paper is twofold: firstly, it will seek to identify the contributions of socio-legal approaches to the study of international economic law; and secondly, it will explore how socio-legal scholarship can provide a methodological and theoretical framework to construct an understanding of the pluralistic nature of international economic regulatory regimes and their underlying dynamics of power. In doing so, the paper will also consider the value of juxtaposing an empirical methodology for mapping legal regimes with a critical normative approach for analysing power relations in international economic law