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Article

The U.S. Supreme Court is but one of three political institutions within the structure of the U.S. federal government. Within this system of separated powers it rules on the constitutionality of some of the nation’s most important legal and political issues. In making such decisions, the nation’s highest court may be considered the most powerful of the three branches of the U.S. federal government. Understanding this process will allow scholars, students of the Court, and Court watchers alike to gain a better understanding of the way in which the justices conduct their business and to come to terms with some of the most important legal and political decisions in our nation’s history. Combining a theoretical account of Supreme Court decision-making with an examination of its internal decision-making process illuminates this opaque institution.

Article

Political scientists—primarily in the discipline’s international relations subfield—have long studied international law. After considering how political scientists and legal scholars define international law, this article identifies five stages of political science research on international law, including the current interdisciplinary international law and international relations (IL/IR) stage, and it reviews three trends in political science research that constitute an emerging sixth stage of interdisciplinary scholarship: a law and world politics (L/WP) stage. First, moving beyond the “IL” in IL/IR scholarship, international relations scholars are increasingly studying domestic law and domestic courts—not only their foundational role in supporting international law and international courts but also their direct role in core areas of international relations, including international conflict and foreign policy. Second, moving beyond the “IR” in IL/IR scholarship, political scientists are adapting their research on international law to the broader world politics trend in political science by studying types of law—including extraterritoriality, conflict of laws, private international law, and the law of transnational commercial arbitration—that govern the transnational activity of private actors and can either support or hinder private global governance. Third, moving beyond the domestic-international divide, political scientists are increasingly rejecting “international law exceptionalism,” and beginning to take advantage of theoretical convergence across the domestic, comparative, and international politics subfields to develop a better general understanding law and politics.

Article

There is a growing body of research on law and policy concerning lesbian, gay, bisexual, transgender, and queer (LGBTQ) family law and policy. LGBTQ families have existed for centuries despite laws and policies that criminalize their relational practices. However, the legal landscape has shifted a great deal over the past few decades, in large part due to the increased visibility of LGBTQ kinship networks and new constitutional protections for same-sex marriage. With this said, legal protections for LGBTQ families vary widely by state, especially parental, adoption, and foster care rights. Historically, family law and policy has fallen within the realm of state power, with some important exceptions (e.g., the Supreme Court has recognized a fundamental right to parent for legal parents). For this reason, there are broad protections afforded to LGBTQ kinship networks in some states, especially those with large urban and more liberal populations, and barriers that stand in the way of LGBTQ parental rights in other states that are more conservative or rural. The legalization of marriage equality in Obergefell v. Hodges did standardize some protections for same-sex couples in traditional relationships across the United States. Yet the case also presents new problems both for LGBTQ families that are more heteronormative and those that are not because it fails to recognize a fundamental right to parent for LGBTQ people who create non-biological families and live non-traditional lives. In addition to these legal and policy changes, social scientists have used both qualitative and quantitative methodologies to shed light on the problems faced by LGBTQ families politically and legally. Researchers have examined how LGBTQ families attempt to protect their ability to parent in family court, how LGBTQ kinship networks identify innovative legal and political strategies aimed at overcoming barriers to legal recognition, and how LGBTQ identity is both constituted and made invisible through family law. Furthermore, scholars have produced a wealth of research refuting the myth that LGBTQ people are inadequate parents since the late 1980s and this research has been used in court cases across the United States to facilitate the legal recognition of LGBTQ families. Despite this research, gaps in both scholarship and legal recognition remain. Scholarship remains startlingly sparse given the legal and political barriers that stand in the way of LGBTQ family recognition, especially for LGBTQ people of color and trans and queer people. In order to address this gap, scholars should devote more resources to research on families that include LGBTQ people of color and trans and queer people, research on non-traditional queer kinship networks, and research on the unique ways that LGBTQ families are responding to political and legal barriers at the local level.

Article

Nayani Rajapaksha and Chrishantha Abeysena

Human immunodeficiency virus (HIV) is a major global public health issue. In 2019, an estimated 38 million people worldwide were living with HIV. Of these, two to three million HIV cases were estimated to be in the South Asia region. In South Asia, India has the largest population (1.366 billion), whereas the Maldives has the smallest (0.54 million) population. In line with global strategies, most of the countries adapt strategies to end HIV in 2030. The rights-based approach is a guiding principle of HIV policy in most countries. Integrated HIV testing and counseling services are implemented through facility-based and community-based services. The percentage of people who are on Anti-Retroviral Treatment among the diagnosed, is highest (81%) in Nepal. The Maldives and Sri Lanka achieved elimination of mother-to-child transmission of HIV in 2019. Coverage for preventive programs is low in all the countries. Condom usage is low in all the key population groups in the region except India, Nepal, and Sri Lanka. Sex education is integrated into the school curriculum in Nepal and Sri Lanka. Knowledge of HIV prevention among the young population is low in all the countries. India, Nepal, and Pakistan provide both needle and syringe programs and opioid substitution therapy. A high percentage of people who are injecting drug users (IDUs) have safe injecting practices in all the countries. The prevalence of HIV is low in all the countries, but concentrated epidemics continue in some countries. A higher prevalence of HIV is reported among IDUs in all the countries except Bhutan. The prevalence of HIV is also higher among transgender people in Nepal and Pakistan. Since 2010, a declining trend in new HIV infections has been observed in Bhutan, India, Nepal, and Sri Lanka, and an increasing trend has been observed in Afghanistan, Bangladesh, and Pakistan. Some South Asian countries have many punitive laws, while others have introduced legal protection for key populations. Sex work is criminalized in all the countries. In Bhutan, when men who have sex with men and IDUs seek health services, the health worker is obliged to report them to the police. Nepal became the first South Asian country to identify the existence of “sexual and gender minorities” in its constitution. There is a protective legal environment for homosexuality in Nepal. India also has several laws protecting homosexuals, transgender people, and IDUs, and laws against sexual harassment in the workplace. India has become the first South Asian country to implement special protective laws on HIV/AIDS. India has criminalized discrimination against people living with HIV/AIDS. The presence of stigma and discrimination is a major critical factor for the national approach to HIV prevention in all South Asian countries. Stigma and discrimination are observed in healthcare facilities, within families, in employment, and in educational institutions, and many countries have developed antidiscrimination policies in response. Throughout the region, poverty, low literacy, outbound migration, tourism, internal displacement, disasters, poor infrastructure of healthcare systems, population size, and social and cultural values have hampered the response to HIV.

Article

William Smith and Kimberley Brownlee

Civil disobedience and conscientious objection are distinct but related social practices that display people’s opposition to specific laws, policies, directives, or schemes. In general, these two practices arise from people’s deeply held commitments. Civil disobedience is more overtly communicative and political than conscientious objection. Civil disobedience is also, almost by definition, a breach of law, which people engage in to push for changes in either governmental or nongovernmental practices. Conscientious objection, by contrast, does not always break the law: sometimes it is a legally protected form of nonconformity. It is also less overtly political than civil disobedience, stemming as it does from people’s desire not to participate in practices they oppose, rather than from their ambition to change those practices. Both practices can be morally justified under specific conditions that, among other things, include doing only limited harm to other people. Moreover, under even more specific conditions, both practices could be said to be protected by moral rights. Civil disobedience and conscientious objection generate pressing normative and political challenges concerning the nature of the rule of law, respect for the rule of law, conditions for deliberative democracy, equality before the law, policing, adjudication, and punishment.

Article

There are few questions more interesting and more important for the international community than the issue of how new states are created and accepted into the wider global system through the process of recognition. While there are thousands of ethnic groups around the world, there are just 193 member states of the United Nations. And yet, for many years, the foreign policy aspects of secession and the recognition of seceding territories have received relatively little attention by scholars in the field of politics and international relations. This was largely because the subject was seen to be a marginal interest. Few territories managed to stage a credible attempt at secession. Almost none managed to gain widespread acceptance. However, over the past decade, there has been a significant growth in the attention given to secession and recognition in international relations. This has been particularly apparent since Kosovo’s unilateral declaration of independence from Serbia, in 2008, and because of heightened secessionist tensions in the former Soviet Union. To date, the question of de facto states—territories that are unrecognized or partially recognized—has been at the heart of studies into secession and recognition in the field of politics and international relations. Attention in this area has tended to focus on the nature, structure, and international interaction of unrecognized territories. However, the scope of research is now widening. As well as interest in the historical development of attitudes towards secession and recognition practices, scholars are now looking at the way in which parent states—as the territories they have broken away from are generally known—attempt to prevent de facto states from being recognized or otherwise legitimized by the international community. Meanwhile, increasing attention is also being given to the role of external parties, such as great powers, as well as to the efforts of secessionist territories themselves to find ways to encourage recognition, or at least to participate more widely in the international system. Therefore, while the community of scholars working in the field of secession and recognition is still relatively small, the subject itself is undergoing rapid growth.

Article

Clement Fatovic

Despite scholarly disagreements over the meanings of both the rule of law and emergency, there is broad agreement that emergencies often invite and justify departures from the formal requirements and substantive values identified with the rule of law as a normative ideal. It is often argued that strict adherence to existing laws, which are typically enacted during periods of normalcy in order to prevent arbitrary forms of rule associated with tyranny, could inhibit the government’s ability to respond quickly and effectively to the often unexpected and extraordinary challenges posed by an emergency such as war or natural disaster. Consequently, the temporary use of extraordinary measures outside the law has been widely accepted both in theory and in practice as long as such measures aim to restore the normal legal and political order. However, understandings of the tension between emergency and the rule of law have undergone a significant shift during the 20th century as emergency powers increasingly get codified into law. The use of extralegal measures that violate the formal and procedural requirements of the rule of law is still considered a dangerous possibility. However, as governments have come to rely increasingly on expansions of power that technically comport with standards of legality to deal with a growing list of situations characterized as emergencies, there is concern that extraordinary exercises of power intended to be temporary are becoming part of the permanent legal and political order.

Article

Paul Christopher Manuel

Its past appears to be in constant tension with the present over the question of religious restriction. That tension might properly be understood as a centuries-long struggle between those favoring traditional, pro-clerical views and those espousing anti-clerical, Enlightenment understandings of church–state relations. This tension has given rise to many inconsistencies in legislative actions and public policy decisions around religion, as political power has shifted between the opposing sides at different points in history. This tension continues to the present day.

Article

Natalia Cuglesan

The accession of Romania and Bulgaria to the European Union (EU) is portrayed as one of the most challenging enlargement waves in the history of the EU Integration Process. A member of the EU since 2007, Romania had to overcome significant obstacles to qualify for EU membership. Not fully prepared for EU accession, Romania required post-accession monitoring through the Cooperation and Verification Mechanism in order to stimulate compliance in the fields of corruption, the judiciary, and the rule of law. The problems of the unfinished transition have impacted on its positive post-accession evolution in the first 10 years of EU membership. It has accomplished limited results in the field of democratic consolidation, combating high-level political corruption and experiencing episodes of democratic backsliding. Also, in this period, it has failed to materialize strategic opportunities; it proved unsuccessful in its efforts to join Schengen or in adopting the currency. Playing a more substantial role in EU policymaking proved to be another shortcoming of the Romanian political elite, stressing the incremental pace of Europeanization. Still, despite this pessimistic account, in many respects, Romania has not fallen behind. It had a general compliant behavior with EU legislation, in line with other EU member states; support for the EU has remained high throughout the decade, an indication of the benefits it has brought to broad categories of people. It is not surprising, as more than 3 million people work in an EU member state. Economic growth was another positive side of the first 10 years—despite the adverse effects of the economic crisis—with a substantial GDP growth rate. And not to be dismissed , a great benefit was the consolidation of civil society.

Article

In the past 50 years, lesbian, gay, bisexual, transgender, and intersex (LGBTI) activism in Australia has grown from small, localized organizations to national campaigns calling on all Australians to affirm LGBTI people’s equality. While the issues and activist strategies have evolved over the past 50 years, there have been two persistent patterns: most organizations and activism have been state based and have drawn on international influences, especially from the United Kingdom and United States. In the 1970s the organizations CAMP (Campaign Against Moral Persecution) and Gay Liberation presented competing visions of LGBTI equality, but both recognized the importance of visibility in order to change societal attitudes and influence law reform. Campaigns to decriminalize male homosexuality began in the 1970s and continued across the states through the 1980s and even into the 1990s in Tasmania. After law reform, activists shifted their advocacy to other areas including anti-discrimination laws, relationship recognition, and eventually marriage equality. HIV/AIDS was another important cause that generated grassroots activism within LGBTI communities. State AIDS councils worked in partnership with the federal government, and Australia had one of the world’s best public health responses to the epidemic. Pop culture, international media, and visibility at events such as the Sydney Gay and Lesbian Mardi Gras gradually shifted public opinions in favor of LGB equality by the 2000s. Transgender and intersex rights and acceptance were slower to enter the public agenda, but by the 2010s, those two groups had attained a level of visibility and were breaking down preconceived stereotypes and challenging prejudice. Indeed, politicians lagged behind public opinion on marriage equality, delaying and obfuscating the issue as the major political parties grappled with internal divisions. In 2017 the Commonwealth government held a postal survey asking Australian voters whether or not they supported same-sex marriage. This was an unprecedented exercise in Australian polity that was divisive, but LGBTI activists succeeded in their campaign and secured an overwhelming victory. The postal survey’s outcome also set the stage for new political fights around LGBTI people’s rights: so-called religious freedom, transgender birth certificates and support for LGBTI young people.

Article

The practice and social construction of homosexual relations in the Roman Empire were particularly important as the immediate background to the early Christian and patristic responses that determined the widespread suppression of same-sex behavior in subsequent Western civilization; this suppression was already manifest in influential Roman legal texts of late antiquity. Although to some degree influenced by earlier Greek and Etruscan models, particularly in the realms of literature and art, Roman culture evolved its own distinctive set of practices and moral responses. Whereas classical Greek elites exalted voluntary pederastic relations between adult males and freeborn adolescents, framing them within a pedagogical context, Romans viewed any form of passivity as unmanly and fundamentally incompatible with the conquering warrior ethos required by the expansionist Roman state. Hence, pederastic attentions were legitimate only when directed toward current or former slaves. Despite the coercive character of such relations, they sometimes became tender and affectionate, leading to the favored slave’s manumission and even inheritance of property. While literary references in Augustan-era poets like Vergil, Horace, and Tibullus are decorous and idealizing after the Greek style, the treatment of homosexuality in much Roman literature is markedly different, manifesting an anatomical frankness and obscenity seldom found in Greek texts outside of Attic comedy. Accusations of the most extravagant sexual depravity became commonplace in political rhetoric of the late Republic and escalated in the many defamatory biographical accounts of Rome’s emperors, most of whom engendered posthumous infamy from patrician critics. Whether true or not, such accounts contributed to popular perceptions of a hedonistic ruling class more innured to pleasure than the public good. Not surprisingly, Rome evolved a strong tradition of morally inflected satire and ethical critique of homosexual indulgence. In the early period, this took the form of treating it as a foreign, Greek-inspired vice. More serious was the philosophical response of later Roman Stoicism, which advocated a highly restrictive sexual economy and sought to liberate the soul from enslavement to appetitive desires, particularly if not tied to the providential demands of Nature. Other sources, however, regarded same-sex desire as itself a manifestation of inborn dispositions, and Roman imperial literature features several polarized debates between advocates of boys and women as superior objects of sexual affect, presaging modern conceptions of sexual identity.

Article

S.J. Cooper-Knock

Studies of policing go to the heart of debates over public authority, violence, and order. Across the globe, the state cannot be assumed to be at the center of policing practices or their authorization. Across Africa, a diverse mix of individuals, groups, and corporations are involved in policing people’s everyday lives and the spaces in which they live them. Categorizing the different groups and individuals in this varied landscape is no simple task. Even drawing lines between “state” and “non-state” policing is not as easy as it may first appear. In reality, any constructed boundary is likely to be more porous and fluid than imagined. In some cases, this is because the service providers become entangled with the state. State officials, for example, may moonlight for other policing organizations. Conversely, state institutions might collaborate with, or outsource work to, civilian and corporate actors. In other cases, groups who identify as non-state actors may still mimic the symbols, materials and practices of the state in an attempt to bolster their own claims to public authority. Faced with the difficulty of sustaining any simple divide between categories such as “state” or “non-state” policing scholars have taken a variety of analytical routes: refining their definitions; developing “ideal types” against which messy empirical realities can be juxtaposed, or moving away from bounded typologies in an attempt to understand group and individuals on their own terms. Taking the latter course, this article highlights the variety of putatively non-state policing organizations and formations across the continent. In doing so, it highlights that the presence of private security corporations, rebel groups, neighbourhood watches, or so-called mobs are no simple indicator of the absence or weakness of state institutions and imaginaries. Understanding everyday negotiations over statehood and sovereignty requires a more nuanced approach. When this path is taken, and policing landscapes are studied in all their complexity, we gain crucial insights into the ways in which being and belonging, law and order, power and legitimacy, privilege and oppression function in any given context.

Article

In the early 21st century the public debates about the inclusion of gender identity in public accommodations municipal ordinances and statewide and national laws represent another step in the ongoing struggle of the social movement seeking to advance the rights and liberties of lesbians, gay men, bisexual, transgender, and other queer (LGBTQ) people. Situating these current debates in the larger context of the LGBTQ movement connects this emergent issue to that broader struggle. The LGBTQ social movement and its counter-movement, often referred to as the Religious Right, have had numerous battles over social policy since the late 20th century. Importantly, movements and their counter-movements identify winning strategies and, at times, tactically innovate so as to effect a shift in current tactics in light of a failing strategy. Tactical innovation includes shifting policy debates, which has been a primary tactic of the counter-movement to LGBTQ rights. Transgender rights broadly and public accommodations policies specifically represent a tactical innovation in the ongoing development of LGBTQ rights in the United States. How has gender identity inclusion in public accommodations been addressed in politics, policy, and law? There are numerous dimensions of gender identity public accommodations policies as understood in social movements, American law, public policy and administration, public opinion, and sociology and social psychology. Public accommodations are a constant source of public contention. The legal landscape in constitutional, federal, state, and municipal approaches to these policies remains uncertain, and there are competing interpretations of law in whether gender identity protections are covered in existing federal statutes. The rhetoric of the policy debates in both state legislatures and initiative and referendum campaigns primarily focuses on the potential harms to women and girls brought about by men taking advantage of such laws to assault them in sex-segregated public facilities. An account of public opinion about these policies also shows that American adults are far more divided about transgender people using restrooms consistent with their current gender identity than other aspects of transgender rights such as employment nondiscrimination policies. Experimental interventions, such as in-depth conversations encouraging people to consider the day in the life of a transgender person, reduce transphobia and make people more resistant to arguments opposed to the inclusion of gender identity in public accommodations laws. Finally, some have questioned whether sex classifications are needed in public policy and how current non-discrimination laws achieve their stated goals without such a system. Further development and inquiry absolutely are needed in all these areas.

Article

Jens Damgaard Thaysen

Modern states pursue most of their (domestic) ends by creating law and acting in accordance with the law they create. Moreover, many believe states ought to pursue most of their ends this way. If a state ought to do something, then chances are it ought to do it by creating, abolishing, changing, upholding, or enforcing some law. Therefore, almost any kind of political philosophy with bearing on what states should do has bearing on what law should be like. Justifying the legal proscription of some conduct involves more than just showing that citizens ought to refrain from that conduct. Legally restricting conduct is an exercise of coercion and must be justified as such. Criminal prohibitions in particular require special justification, as they are not only coercive but also commit the state to deliberately inflict the harm and stigma of punishment on some of its own citizens. Nevertheless, if the state must coerce its citizens, it ought generally to do so through a law that conforms to the rule of law. Law conforms to the rule of law if it is capable of guiding the citizens as they act and plan for the future. This the law can do only if it is open, clear, prospective, and stable, such that citizens can know what it demands now and predict with reasonable certainty what it will demand in the future. Conformity to the rule of law promotes freedom and is required to respect human dignity. Much of the debate about the justification and scope of legal coercion revolves around several principles that advance claims about what considerations are relevant to the justifiability of law. These principles all have the following structure: The fact that a legal restriction of a certain kind is related in a certain way to a certain type of conduct has a certain impact on whether that restriction is justifiable. Common principles include (a) legal moralism, according to which it is always a good reason to criminalize conduct that the conduct is wrongful; (b) the wrongness constraint, according to which criminalizing morally permissible conduct is never justified; (c) liberalism, according to which it is always a good reason to criminalize conduct that the conduct is either harmful or seriously offensive to others, and criminalizing conduct that is neither harmful nor offensive is never justified; (d) the public wrong principle, according to which it is always a good reason to criminalize conduct that the conduct is a public wrong, and criminalizing conduct is never justified unless the conduct is a public wrong; (e) the sovereignty principle, according to which the only legitimate restrictions on conduct are those that secure independence. Which, if any, of these principles one should accept is the subject of an extensive and sophisticated academic debate.

Article

Attempts to analyze and understand how European law developed from a set of international treaties in the 1950s to a constitutional, proto-federal legal order, accompanied by a constitutional legal discourse today, has been a key concern in European studies in the last three decades. Legal scholars, political scientists, and sociologists have explored this from their specific disciplinary viewpoints and have produced a rich literature of sophisticated theoretical as well as empirical studies. Since the mid-2000s, historians have also finally—after years of negligence—taken an interest in European law and produced a new body of archive-based studies of the history of European law from 1950 to 1993. Based on primary sources drawn from private, national, and European archives, historians have contributed with much new empirical information and managed to uncover the social, political, and legal forces that have shaped European law in a qualitatively new way. The central argument is that the constitutionalization of European law was part of the broader battle over the political and institutional soul of the European construction. Even though the ECJ successfully constructed a European legal order that resembled and worked as a proto-federal constitution, the project ultimately suffered a defeat in not being able to codify this achievement in the Maastricht Treaty as part of a broader step toward a federal Europe.

Article

Wayne Sandholtz

In the first wave of scholarship on international norms, the primary task was to convince a skeptical discipline that norms affect domestic and international outcomes. A second phase of international norms research developed political theories of the emergence and establishment of new international norms. Transnational actor models as well as “legalization” and “rational design” approaches tested propositions on norm creation but did not theorize what happens after norms are created. General norms inevitably collide with the relentless specificity of experience. Actors constantly dispute the meaning and application of norms. The resultant arguments modify the norms being contested, and the modified norms then shape subsequent behavior and disputes. The third wave of international norms research has focused on the inherent dynamism of norms and norm systems. Norms emerge through processes of transnational advocacy and institutional design, but they also evolve through cycles of application and disputation.

Article

Susan Haire and Laura P. Moyer

Increased diversity among participants in the justice system, particularly judges, has fueled debates about the values and perspectives that women bring to the law. Difference theories advanced by social psychologists and feminist scholars argue for the premise that men and women in the legal system approach questions of justice differently. By contrast, empirical scholarship offers only limited support for the expectation that the sex of the judge is related to behavioral outcomes. Although most research has not uncovered differences in voting between men and women judges, one area in which consistent differences has been found is in sex discrimination cases. Recent studies suggest, however, that individual differences between men and women judges may emerge if the focus shifts to the litigation process. In one study of trial courts, cases assigned to women judges were more likely to be settled. In another study of appellate courts, women judges were more likely to pen majority opinions that adopted a compromise position. These findings suggest the promise of shifting the analytical focus away from behavioral outcomes to consider whether, and how, women and men in the legal system shape litigation processes. Doing so will require additional data and triangulated approaches that employ both quantitative and qualitative methods. Additional research is also needed to explore how shifts in the gender composition of the bench affect organizational norms and practices in the legal system at the federal, state, and local levels. Some work suggests that gender diversity affects deliberations on small appellate panels and consensual norms on larger courts. As the number of women and minorities appointed by recent Democratic and Republican presidents has increased, scholars are also now well positioned to conduct empirical research with larger numbers to investigate how women of color on the bench differ from white women and minority men.

Article

Rebecca Hamlin and Gemma Sala

The judicialization of politics is an expression that has been widely used in the fields of comparative law and judicial politics alike since it first emerged in the 1980s. Yet, despite its ubiquity, it is difficult to ascertain its specific meaning because it is used to refer to such a wide range of court-related phenomena and processes. Despite its varying usages and meanings, there has been a puzzling lack of scholarly discussion over the scope of the term, and very little critical analysis of its use. This silence has impeded the project of comparative constitutional law. So it is necessary to disentangle and compare the many faces of judicialization that are used in various political science literatures. There are as many as nine distinct forms of the term that are regularly used; yet the various empirical strategies for measuring, defining, and documenting this phenomenon are often incommensurable, and further, the causes of judicialization frequently overlap and occasionally contradict one another. The popularity of this term has come at the cost of conceptual clarity, and this confusion has impeded both the project of building a comparative theory of judicialization, and efforts to have a coherent normative debate about its consequences. With the goal of theory building in mind, a systematic study of judicialization and its multiple usages can be a useful way to illuminate key questions for a new research agenda geared toward a deeper and more nuanced understanding of this term.

Article

The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.

Article

Policymakers regularly face decisions pertaining to the making of international law and compliance with international law. International relations scholars have attempted to explain the broad patterns of state behavior that emerge from such decisions by approaching international lawmaking and international legal compliance from the perspectives of state power, interests, and identity. These explanations reflect the growing interdisciplinary connections between the study of international law and the study of international relations. Although there have been fewer interdisciplinary connections between the study of international law and models of foreign policy decision-making, closer examination of each of the main international relations approaches to international lawmaking and international legal compliance suggests corresponding models of foreign policy decision-making. Further work remains to develop these connections and to incorporate transnational actors and processes into the analysis of foreign policy decision-making. Such work has both scholarly and practical relevance, insofar as foreign policy decision-making takes place in an increasingly legalized international environment even as the existing, post–World War II international order faces increasing challenges from nonliberal states.