Indiana Journal of Global Legal Studies最新文献

{"title":"Original Nation Approaches to \"Inter-National\" Law (ONAIL): Decoupling of the Nation and the State and the Search for New Legal Orders","authors":"Hiroshi Fukurai","doi":"10.2979/INDJGLOLEGSTU.26.1.0199","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0199","url":null,"abstract":"Much of the combat and conflict around the globe today involves struggles between the nation and the state. The state’s promotion of globalization and neoliberal policies has long resulted in the radical transformation of the nation’s homeland, propelled the forced eviction and displacement of already-marginalized nations and peoples, contaminated the natural environment, and destroyed much cultural and biological diversity.2 In areas of strong opposition and resistance by","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"199 - 261"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49293724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rising Authoritarianism(s) and the Globalization of Law: An Initial Exploration","authors":"Z. U. Türem","doi":"10.2979/INDJGLOLEGSTU.26.1.0001","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0001","url":null,"abstract":"ABSTRACT:This article explores the question \"what does the future hold for the globalization of law?\" In analyzing the future of legal globalization, I suggest that analyzing the recent rise of authoritarianism, both at the national as well as transnational plane, offers significant insights. I make three related observations regarding the rise of authoritarian politics. First, the rise of authoritarian and semi-authoritarian regimes and the blend of populism with authoritarianism at the national contexts seems to obstruct globalization of law. This is likely due to the fact that the power of authoritarian politics mostly comes from their populist appeal to the masses who stand to lose from globalization. For such appeal to continue, authoritarian politicians cultivate antiglobalization rhetoric and practices. The end result is a move away from globalized relations and institutional connectedness between different national legal systems. The similarity of the grammar out of which such authoritarianism is produced in various different national contexts, however, urges us to reflect on the globalized relations that structure such similarity. Second, the rise of authoritarian tendencies in domestic and supranational institutions, particularly in the name of political and economic emergency, may bring about a level of legal uniformity and thus globalization of law. I suggest, however, that what globalizes in such context is an essentially instrumentalized version of law, and a deeper reflection on \"what globalizes?\" is required as well as whether it could properly be called \"law.\" Third, as an extension of the second point, this article focuses on neoliberalism as the broad political economic background that informs the globalization of law in the post-1980 period. I suggest that the instrumentalization of law, both domestically and internationally, is rendered possible by the fact that, under a neoliberal economic way of thinking and practice, economization spreads to all spheres of life and renders other institutional settings adjunct to itself. Such instrumentalization also includes the law and takes away from the power of this institutional field.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"1 - 29"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44475116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"To Secede or Not Secede? Is It Even Possible?","authors":"T. Cook","doi":"10.2979/INDJGLOLEGSTU.26.1.0381","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0381","url":null,"abstract":"Secession seems like a concept of the past. In our increasingly globalizing world, nationalism was growing archaic and halting progress. But secession has seen a surge in the last ten years. Kosovo declared independence from Serbia in 2008. The United Kingdom seceded from the European Union in the infamous “Brexit.” And in 2017, Catalonia’s grab for independence sparked the worst crisis in Spain since the days of Francisco Franco.1 Alongside these high-profile secessions, smaller movements, which until now were simply brewing and bubbling, are becoming inspired. One such movement is “The South is My Country,” a coalition of three southern Brazilian states that wish to secede from Brazil. This paper will examine the Brazilian separatist movement. After introducing the movement and the history of modern Brazil in Part I, Part II will examine what Brazilian law has to say on secession with the Catalan crisis as a comparison. Part III will attempt to navigate the murky waters of international law to determine whether a group such as “The South is My Country” has a right to unilaterally secede.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"381 - 400"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47833485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rethinking Social Resistance Through the Consolidating Politics of Humanitarian Populism in Mytilene, Greece","authors":"Othon Alexandrakis","doi":"10.2979/INDJGLOLEGSTU.26.1.0173","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0173","url":null,"abstract":"ABSTRACT:During the spring of 2015, thousands of migrants began to arrive daily on the shores of Lesvos, Greece, from nearby Turkey. As the Greek government and the European Union (EU) monitored the unfolding situation, diverse ad hoc humanitarian projects flourished on the island. These projects enacted a field of action grounded in intersecting, concerning effects and values of care. This essay considers the challenges these projects posed to the local, national, and transnational humanitarian apparatus that eventually moved in and attempted to regulate these players. Drawing on recent work in anthropology on sense and critical agency, I discuss these challenges as a mode of social resistance that evokes a populist expression of the political. Two specific examples are discussed drawing on my recent ethnographic fieldwork in Mytilene, the capital city of Lesvos.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"173 - 198"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45679022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Alternative Path to Rule of Law? Thailand's Twenty-First Century Administrative Courts","authors":"F. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok","doi":"10.2979/INDJGLOLEGSTU.26.1.0133","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0133","url":null,"abstract":"New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a plaintiff’s legal rights. Thailand lacks many of the supporting institutions and practices typical of developed Western democracies, such as a politically savvy and powerful legal profession, a rights-conscious judiciary, influential public and private organizations supporting litigation for rights, and public consciousness of rights. Yet following constitutional reform, rights-oriented litigation emerged in the administrative courts through the efforts of a small, self-sustaining community of activist attorneys. In the second part of the article we describe the career of a leading environmental litigator and his network and the mutually constructive effects of the outcomes of this litigation on the support structures for the courts.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"133 - 171"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45476590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trump, Trade, and Trabajo: Renegotiating NAFTA's Labor Accord in a Fraught Political Climate","authors":"L. Compa","doi":"10.2979/INDJGLOLEGSTU.26.1.0263","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0263","url":null,"abstract":"Quitting the Trans-Pacific Partnership (TPP) and demanding renegotiation of the North American Free Trade Agreement (NAFTA)— along with its supplemental labor pact, the North American Agreement on Labor Cooperation (NAALC)—were among the first actions of the new U.S. Administration in 2017.1 NAFTA renegotiations concluded— for the time being—in October 2018 with announcement of the United States-Mexico-Canada Agreement (USMCA) to replace NAFTA.2","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"263 - 304"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45357835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The resistance & The Stubborn But Unsurprising Persistence of Hate and Extremism in the United States","authors":"J. Bell","doi":"10.2979/INDJGLOLEGSTU.26.1.0305","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0305","url":null,"abstract":"ABSTRACT:Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States—from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies used to address bias-motivated violence.The eight-year period between 2008 and 2016 has been a fascinating time for assessments of the state of race relations in America. After the election of Barack Obama, America's first Black president, commentators described the country as \"post-racial.\" In a dramatic turn of events for a country that had transcended race just eight years later in 2016, Donald Trump's election as president was followed by a dramatic increase in the number of documented race-based hate crimes—crime motivated by bias on the basis of the target race.The increase in reported hate crimes continued well into the Trump Administration's first year. What was most compelling about the new hate activity was the rise of a new, open presence of extremists—those ideologically committed to White supremacy. For decades, racial extremists—members of organized hate groups and others ideologically attached to the tenants of White supremacy—had lived in the shadows. After Trump's election, racial extremists stepped into the light.This article grapples with the rise of racial extremist behavior—both by ideologues who are part of hate groups and those who commit hate crimes seemingly randomly—in the wake of the 2016 presidential election. In this article, I explore the roots of bias-motivated activity that many found surprising in the election. I demonstrate how bias-motivated behavior has been part and parcel of recent American history. The article addresses not only the origins of such activity but also resistance to it and the capacity of American institutions created to address bias-motivated behavior. In the end, I argue that to effectively address extremist behavior, we must examine the seriousness of our societal commitment to racial separation.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"305 - 315"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49183398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Younger Generations are Infected by Continuous Socialization to Accept Diminished Privacy: A Global Analysis of How the United States' Constitutional Doctrine Is a Main Contributor to Eroded Privacy","authors":"Tiffany Kim","doi":"10.2979/INDJGLOLEGSTU.26.1.0335","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0335","url":null,"abstract":"Since the nineteenth century, privacy concerns have increased with the growth of technology. The invention of instantaneous photography, coupled with the enlarged presence of press, was met with concerns of degraded privacy.1 Society has formed expectations of privacy, but as time passes, those expectations continue to diminish. Younger generations have been socialized to accept lessened levels of privacy in this digitalized world of mass data and connectivity.2 Individual privacy expectations vary globally. The construction of China’s government and culture produces a lesser expectation of individual privacy than that of the United States. As outlined in the U.S. Constitution, U.S. citizens expect freedom from government surveillance without an authorized warrant,3 which is inconsistent with the privacy expectations of Chinese citizens. This essay first discusses an article by Cyrus Farivar,4 followed by an article by Ava Kofman, 5 both of which relate to mass data collection","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"335 - 352"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47695895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corporate Criminal Liability: Toward a Compliance-Orientated Approach","authors":"G. Jiménez","doi":"10.2979/INDJGLOLEGSTU.26.1.0353","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0353","url":null,"abstract":"ABSTRACT:Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws and regulations. The use of DPAs and NPAs are on the rise, and these agreements are now used in cases concerning the Foreign Corrupt Practices Act (FCPA) and the U.S. Commodity Future Trading Commission (CFTC). Comments from the Trump Administration suggest that these agreements will continue to be used to deter corporate criminal misconduct. Many Latin American countries have recently enacted laws to impose corporate criminal liability and use some type of compliance-based program to help deter future wrongdoing. Mexico, in particular, has recently amended its Federal Penal Code to prosecute and punish corporate entities. Since the Mexican case law in this area is still developing, it is very important that Mexico adopt deferred prosecution agreements, non-prosecution agreements, or a variation thereof that require compliance programs to enhance the public perception of the Mexican government and the judiciary. Mexico is just one of many countries amending its laws, suggesting a shift toward an implied understanding of the importance of a compliance-oriented approach. Foreign jurisdictions and the U.S. DOJ continue to enact programs to help regulate laws and deter criminal activity in many industries. The acceptance of the corporate criminal liability doctrine in several jurisdictions promotes the public interest and the integrity of the legal system, deters future illegal activity, and helps ensure corporate compliance with the law.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"353 - 379"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44494603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law, Politics, and Populism in the U.S.A. P.A.T.R.I.O.T. Act","authors":"Jothie Rajah","doi":"10.2979/INDJGLOLEGSTU.26.1.0061","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0061","url":null,"abstract":"ABSTRACT:The U.S.A. P.A.T.R.I.O.T. Act is legislation that simultaneously brings into being very particular notions of the American 'national' and, as its counterpart, a post-9/11 \"global.\" Through a study of the Patriot Act, my paper unpacks the co-constitutions of national/global and a related series of binaries: domestic/foreign; patriot/terrorist; us/them; and innocence/evil. By exploring the structuring logics and language of these binaries in the Act, my paper scrutinizes the global role of U.S. legislative text in our world: a world in which \"a global society has come into being but possesses as yet, no institutions proper to its name.\" In the context of our global perpetual war, I challenge our understandings of the categories structuring the Patriot Act to point to the specific ways in which law and war are co-constituted in our present.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"61 - 85"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41600270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}