Indiana Journal of Global Legal Studies最新文献_第8页

Draining the Flooded Markets: Tariffs, Suniva & Solar Energy Investment 耗尽泛滥的市场:关税、太阳能和太阳能投资

Indiana Journal of Global Legal Studies Pub Date : 2019-04-18 DOI: 10.2979/INDJGLOLEGSTU.26.1.0317

Michael A. Stroup

引用次数: 2

World Trade, Imperial Fantasies and Protectionism: Can You Really Have Your Cake and Eat It Too? 世界贸易、帝国幻想和保护主义:你真的能鱼与熊掌兼得吗?

Indiana Journal of Global Legal Studies Pub Date : 2019-04-01 DOI: 10.2979/INDJGLOLEGSTU.26.1.0087

C. Nagy

{"title":"World Trade, Imperial Fantasies and Protectionism: Can You Really Have Your Cake and Eat It Too?","authors":"C. Nagy","doi":"10.2979/INDJGLOLEGSTU.26.1.0087","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0087","url":null,"abstract":"ABSTRACT:Populism is telling voters what they want to hear, knowing that it is neither true, nor feasible. Lately, trade and economic integration has seen the spread of untrue and unfeasible tenets, which have proved to be highly popular and have received a warm welcome. Fueled by imperial fantasies and nostalgia for the long-gone era of protectionism, the tectonic movements of world trade have generated a good deal of populist resistance based on the self-delusion that the Gordian knot of world trade needs not to be disentangled but can be simply cut. Unfortunately, however popular and appealing these allegations are, they are not true. Reverting to protectionism simply does not pay out and faces two major, arguably unsurmountable, hurdles: the economic realities, which show that protectionism comes at a very high price even to those it strives to protect, and the disciplines of the WTO, which very much limit unilateral measures inspired by purely protectionist desires. This paper demonstrates three points. First, the modus operandi of international trade makes frontal protectionism self-destructing. Second, the current regime of world trade law developed under the auspices of the WTO significantly limits protectionist policies and leaves no room for a comprehensive protectionist policy. Third, while \"taking back control\" is an appealing yell, catering to the deepest tribal instincts, in reality, unimpeded sovereignty and unlimited freedom of action are increasingly a wishful thinking.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"132 - 87"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44638519","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}

引用次数: 2

Evidence Struggles: Legality, Legitimacy, and Social Mobilizations in the Catalan Political Conflict 证据斗争:加泰罗尼亚政治冲突中的合法性、合法性和社会动员

Indiana Journal of Global Legal Studies Pub Date : 2019-02-18 DOI: 10.2979/INDJGLOLEGSTU.26.1.0031

Susana Narotzky

{"title":"Evidence Struggles: Legality, Legitimacy, and Social Mobilizations in the Catalan Political Conflict","authors":"Susana Narotzky","doi":"10.2979/INDJGLOLEGSTU.26.1.0031","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.1.0031","url":null,"abstract":"ABSTRACT:Different kinds of evidence are put forward to make an argument and justify political action by agents situated in diverse social, cultural, and power positions. The Catalan political conflict is a case in point. The central Spanish government's arguments are mostly of a juridical nature and rest on the anti-constitutionality of the Catalan government and other civil society organizations' actions. Instead, most arguments of Catalan supporters of independence are based on historical interpretations of grievances referring to national institutions and identity. Supporters of independence, under the politically inspired actions of major civil society associations, have mobilized hundreds of thousands of Catalans in massive demonstrations and have used media in a very efficient manner. The judicial responses to the secessionist process have used legality (police, prison) to allow repression, while the repeated anti-constitutional actions of the Catalan government have been justified as legitimated by popular support and by a historical accumulation of grievances.At the same time, repeated elections show that Catalan citizens are divided and have very different positions regarding their support for independence. This differentiation can be mapped according to social and economic criteria and almost literally projected in spatial coordinates. This other group of Catalans tried to mobilize to publicly show their disagreement over the secessionist project. Yet their arguments appear as reactive rather than based on any alternative evidence. Hence, they are co-opted by the central Spanish various governments' juridical position, which supports a unified Spanish national identity couched in the Constitution of 1978.This paper argues that an important aspect of the political confrontation is being played as an evidence struggle where the various social actors produce different kinds of evidence to justify their actions in the political arena and mobilize support.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"31 - 60"},"PeriodicalIF":0.0,"publicationDate":"2019-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49058122","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}

引用次数: 4

Editor's Note 编者按

Indiana Journal of Global Legal Studies Pub Date : 2019-01-01 DOI: 10.2979/indjglolegstu.26.2.000i

McMackin

引用次数: 0

Reflections on the Future of Global Legal Studies 对全球法律研究未来的思考

Indiana Journal of Global Legal Studies Pub Date : 2018-08-25 DOI: 10.2979/INDJGLOLEGSTU.25.2.0569

M. Massoud

引用次数: 0

The Rome Statute: Global Justice and the Asymmetries of Recognition 《罗马规约》:全球正义与承认的不对称

Indiana Journal of Global Legal Studies Pub Date : 2018-08-25 DOI: 10.2979/INDJGLOLEGSTU.25.2.0671

H. Lindahl

{"title":"The Rome Statute: Global Justice and the Asymmetries of Recognition","authors":"H. Lindahl","doi":"10.2979/INDJGLOLEGSTU.25.2.0671","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.2.0671","url":null,"abstract":"Abstract:Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which is all-inclusive? A prima facie candidate for such an order is the Rome Statute, which established the International Criminal Court to investigate and prosecute genocide, crimes against humanity, war crimes, and the crime of aggression. Yet careful consideration of the scope of the Rome Statute shows that it cannot realize global justice as criminal justice without excluding other forms of justice, for example restorative justice, thereby both recognizing and misrecognizing the victims of the crimes the International Criminal Court is called on to investigate and prosecute. Humanity is inside and outside the Rome Statute's invocation of 'the international community as a whole.' Because it organizes itself as an inside vis-à-vis an outside, the Rome Statute, like all global law and justice, is local law and justice. If, as this article argues, the inside/outside contrast is constitutive for any imaginable legal order, it also draws on the asymmetries of processes of collective recognition to articulate a concept of global justice that is neither universalist nor particularist, neither all-encompassing nor relativistic.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"671 - 699"},"PeriodicalIF":0.0,"publicationDate":"2018-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43469556","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}

引用次数: 2

The Global Person: Pig-Human Embryos, Personhood, and Precision Medicine 全球人:猪-人胚胎，人格和精准医学

Indiana Journal of Global Legal Studies Pub Date : 2018-08-25 DOI: 10.2979/INDJGLOLEGSTU.25.2.0701

Y. Cripps

引用次数: 0

Martin, Ghana, and Global Legal Studies 马丁，加纳和全球法律研究

Indiana Journal of Global Legal Studies Pub Date : 2018-08-25 DOI: 10.2979/INDJGLOLEGSTU.25.2.0623

H. Lovelace

引用次数: 0

Is High-Finance an Extractive Sector? 高金融是采掘行业吗?

Indiana Journal of Global Legal Studies Pub Date : 2018-08-25 DOI: 10.2979/INDJGLOLEGSTU.25.2.0583

S. Sassen

引用次数: 3

How to Improve the Debt Ceiling to Fit a Partisan Government: A Global Examination of Which International Solutions Excel 如何提高债务上限以适应党派政府：国际解决方案的全球检验

Indiana Journal of Global Legal Studies Pub Date : 2018-08-25 DOI: 10.2979/INDJGLOLEGSTU.25.2.0775

Sarah Love

引用次数: 0