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    The Populist-Nationalist Rebellion: Challenge to Transatlantic Democracy
    John Shattuck. 4/29/2019. “The Populist-Nationalist Rebellion: Challenge to Transatlantic Democracy” 2 (19). See full text.Abstract
    New Policy Brief from John Shattuck for the College of Europe Policy Brief series.
     

    "The US and the European Union (EU) are confronted to- day by a surge of populist nationalism that presents mul- tiple challenges to transatlantic democracy. Populism is a form of grassroots rebellion against governing elites with a long history and complex relationship to democracy, as illustrated by two historical examples, the rebellions in colonial America and post-1989 Czechoslovakia, both of which led to democratic governments, and two contrary contemporary examples, in the US and Hungary, which have gone in the opposite direction."


    Link here: https://www.coleurope.eu/research-paper/populist-nationalist-rebellion-challenge-transatlantic-democracy

    Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies
    Luís Roberto Barroso. 4/4/2019. “Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.” The American Journal of Comparitive Law. See full text.Abstract
    Justice Luis Roberto Barroso's latest article on Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.

    The primary purpose of this article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the countermajoritarian role traditionally recognized in constitutional theory, two other roles: representative and, occasionally, enlightened. In the construction of the argument, the Article analyzes the phenomena of the judicialization of politics and judicial activism, as well as the issue of the difficult demarcation of the border between law and politics in the complex and plural societies of today. Although it presents several examples of the constitutional experience of the United States, the Article’s conclusions are generalizable, looking at the roles of constitutional courts from the perspective of a global constitutionalism whose categories have become common practice in the democracies of the world.

    See full text. 

    The Rome Statute of the International Criminal Court at 20: Looking Back and Looking Forward.
    Carr Center Human Rights for Policy. 4/4/2019. “The Rome Statute of the International Criminal Court at 20: Looking Back and Looking Forward. ”. See full text.Abstract
    The Rome Statute of the International Criminal Court at 20: Looking Back and Looking Forward. Symposium Report.

     

    Matthias Risse, Faculty Director of the Carr Center, and Kathryn Sikkink, Ryan Family Professor of Human Rights Policy at Harvard Kennedy School, opened the conference with welcoming remarks. Risse noted that 2018 was a year of anniversaries, not only the 20th anniversary of the Rome Statute but also the 70th anniversary of the Universal Declaration of Human Rights, and of the American Declaration of Rights and Duties of Man, an occasion both for celebration and for critical reflection. Sikkink also noted the 20th anniversary of the Rome Statute was a moment to reflect and remember, looking backward to take stock with an eye toward moving justice forward in the future.

     

    Realizing Rights for Homeworkers: An Analysis of Governance Mechanisms.
    Marlese von Broembsen, Jenna Harvey, and Marty Chen. 3/5/2019. Realizing Rights for Homeworkers: An Analysis of Governance Mechanisms. . Carr Center Discussion Paper Series. 2019004th ed. Cambridge: Carr Center for Human Rights Policy. See full text.Abstract
    Realizing Rights for Homeworkers: An Analysis of Governance Mechanisms Carr Center Discussion Paper: 

    Following the Rana Plaza factory collapse in Bangladesh, the labour rights violations in global supply chains, and indeed the governance of global supply chains, has become a pressing global issue. This paper evaluates key existing global and national supply chain governance mechanisms from the perspective of the most vulnerable workers in supply chains—informal homeworkers.

    Read the full paper here: https://carrcenter.hks.harvard.edu/files/cchr/files/ccdp_2019_004_realizing_rights.pdf

    Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm
    Averell Schmidt and Kathryn Sikkink. 2/20/2019. “Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm.” Journal of Global Security Studies, 4, 1, Pp. 105-122. See full text.Abstract
    Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm recent journal article by Kathryn Sikkink and Averell Schmidt

    Following the attacks of 9/11, the United States adopted a policy of torturing suspected terrorists and reinterpreted its legal obligations so that it could argue that this policy was lawful. This article investigates the impact of these actions by the United States on the global norm against torture. After conceptualizing how the United States contested the norm against torture, the article explores how US actions impacted the norm across four dimensions of robustness: concordance with the norm, third-party reactions to norm violations, compliance, and implementation. This analysis reveals a heterogeneous impact of US contestation: while US policies did not impact global human rights trends, it did shape the behavior of states that aided and abetted US torture policies, especially those lacking strong domestic legal structures. The article sheds light on the circumstances under which powerful states can shape the robustness of global norms.

    Read more here: https://academic.oup.com/jogss/article-abstract/4/1/105/5347914?redirectedFrom=fulltext

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