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Judicial Politics, Meet International Human Rights Law; International Humans Rights Law, Meet Judicial Politics: A Call for Dialogue

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Abstract:

The literatures on judicial politics and international human rightslaw are wresting with nearly identical theoretical puzzles yet theyproceed seemingly unaware of the insights of the other. In this paperwe consider how scholars might more efficiently advance their researchagendas by developing greater familiarity with work outside of theircore subfield. In particular, we focus on two theoretical problems:1. Why would an executive delegate to a third party the power topunish its behavior?2. Once an executive so delegates, how can we account for the thirdparty's development of independent political influence?Scholars writing in both literatures tend to focus on only one ofthese questions, yet they are inextricably linked. We argue that asatisfactory answer to the first question depends on the answer to thesecond. Our paper substantiates this assertion and then developsimplications for a research agenda to make progress in both areas ofinquiry.

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intern (140), polit (129), judici (127), court (122), right (102), independ (90), state (85), legal (74), domest (74), human (71), literatur (67), institut (67), scholar (66), doctrin (65), govern (52), suggest (50), power (46), complianc (45), argument (44), law (42), decis (37),
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Name: ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES
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Staton, Jeffrey. "Judicial Politics, Meet International Human Rights Law; International Humans Rights Law, Meet Judicial Politics: A Call for Dialogue" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p250762_index.html>

APA Citation:

Staton, J. K. , 2008-03-26 "Judicial Politics, Meet International Human Rights Law; International Humans Rights Law, Meet Judicial Politics: A Call for Dialogue" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA Online <APPLICATION/PDF>. 2009-05-23 from http://www.allacademic.com/meta/p250762_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The literatures on judicial politics and international human rightslaw are wresting with nearly identical theoretical puzzles yet theyproceed seemingly unaware of the insights of the other. In this paperwe consider how scholars might more efficiently advance their researchagendas by developing greater familiarity with work outside of theircore subfield. In particular, we focus on two theoretical problems:1. Why would an executive delegate to a third party the power topunish its behavior?2. Once an executive so delegates, how can we account for the thirdparty's development of independent political influence?Scholars writing in both literatures tend to focus on only one ofthese questions, yet they are inextricably linked. We argue that asatisfactory answer to the first question depends on the answer to thesecond. Our paper substantiates this assertion and then developsimplications for a research agenda to make progress in both areas ofinquiry.

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Document Type: application/pdf
Page count: 43
Word count: 13654
Text sample:
The Last Pillar to Fall? Domestic and International Legal Institutions∗ Jeffrey K. Staton† and Will H. Moore‡ 22 March 2008 ∗ Paper prepared for presentation at the International Studies Association Annual Meeting 26- 29 March 2008. This paper grew out of and owes considerable debts to the participants at the Mini-Conference on Delegation and Independence in Domestic and International Law (http://garnet.acns.fsu.edu/∼whmoore/hrconf/) held at Florida State University in February 2008. † Department of Political Science Emory University. email: jeffrey.staton@emory.edu ‡
University Press. Von Stein Jana. 2005. “Do Treaties Constrain or Screen? Selection Bias and Treaty Com- pliance.” American Political Science Review 99(04):611–622. Wagner R. Harrison. 2007. War and the State: The Theory of International Politics. Ann Arbor: University of Michigan Press. Waltz Kenneth N. 1979. Theory of international politics. Boston: McGraw-Hill. Weingast Barry. 1995. “The Economic Role of Political Institutions.” The Journal of Law Economics and Organization 7(1):1–31. Weingast Barry. 1997. “The Political Foundations of Democracy and the Rule


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