Vol. XXXVI No. 2

Editors’ Foreword: Filling Power Vacuums in the New Global Legal Order

When editors from our two publications met with our international law faculty to plan a symposium, we had a distinct goal to examine a question that has thus far received minimal scholarly attention: after power has been decentralized from a state-centric monopoly, where does it flow, and what forms does it take? The resulting symposium […]

Read More :: View PDF

Introduction: Globalization, Power, States, and the Role of Law

Abstract: On October 12, 2012 the Boston College Law Review and the Boston College International and Comparative Law Review held a joint Symposium entitled, “Filling Power Vacuums in the New Global Legal Order.” In three panel discussions and a keynote address by Anne-Marie Slaughter, a lively discourse on the impact of globalization on state power, the […]

Read More :: View PDF

Filling Power Vacuums in the New Global Legal Order

Abstract: In her Keynote Address at the October, 12, 2012 Symposium, Filling Power Vacuums in the New Global Legal Order, Anne-Marie Slaughter describes the concepts of “power over” and “power with” in the global world of law. Power over is the ability to achieve the outcomes you want by commanding or manipulating others. Power with […]

Read More :: View PDF

Globalization and Hegemony Shift: Are States Merely Agents of Corporate Capitalism?

Abstract: Since the advent of state sovereignty with the Peace of Westphalia, powerful Western nations have determined and applied international law in a manner that advance their national interests. In short, the international legal process has been a mechanism of hegemony, and powerful Western nations have been hegemons through this process over less-developed countries. Since […]

Read More :: View PDF

A Framework for Assessing Global Economic Governance

Abstract: Increased globalization over the last twenty years has made effective global economic governance more important than ever. This period has witnessed the rise of a number of new international governance actors, such as the Group of Twenty and the Financial Stability Board. This Article proposes a five-part test to evaluate how the existing global governance […]

Read More :: View PDF

Opportunism and Trade Law Revisited: The Pseudo-Constitution of the WTO

Abstract: The constitutionalization of the world trade system has elevated it in legal thinking and given it a false aura of permanency and immutability. The debate among legal academics on this has centered on the technical aspects of trade disputes rather than on the critical issue of the normative nature and effects of the system […]

Read More :: View PDF

A Précis of On Global Justice, with Emphasis on Implications for International Institutions

Abstract: In an increasingly globalized world, philosophers have had to broaden their focus from what is a just distribution of holdings within a state to what is a just distribution of holdings globally. The traditional debate centers on whether distributive justice applies only at the state level or whether it extends to all human beings. […]

Read More :: View PDF

Power, Rules, and the WTO

Abstract: Using Martti Koskenniemi’s theory about international law as a starting point, this Article examines how the interpretive heritage of the World Trade Organization (WTO) constrains the interpretive options available for understanding the WTO rules. First, this Article describes Koskenniemi’s critique of international law as being in permanent conflict between visions of international law as […]

Read More :: View PDF

Institutional Bridging: How Large Law Firms Engage in Globalization

Abstract: This Article introduces the “Born Global” concept into the discussion of law firms and lawyers. Born Global firms are companies that globalize at an accelerated rate. This Article illustrates that English and American law firms are the precursors to Born Global companies and highlights how the common law facilitated this process. It also demonstrates, […]

Read More :: View PDF

U.K. Refugee Lawyers: Pushing the Boundaries of Domestic Court Acceptance of International Human Rights Law

Abstract: This Article analyzes how refugee lawyers in the United Kingdom navigate the tension between state power and international norms. Based on interviews with lawyers representing persons seeking asylum and other forms of refugee protection in the United Kingdom, the Article reveals how these lawyers successfully utilize international human rights treaties on behalf of their […]

Read More :: View PDF