Theresa Reinold
Biographic Data
| ID | 127356 |
|---|---|
| NAME | Theresa Reinold |
| GIVEN NAMES | Theresa |
| FAMILY NAME | Reinold |
| SIGNATURE | REINOLD T |
| AFFILIATIONS | University of Duisburg-Essen |
| ORCID | 0000-0001-6541-2805 |
| VERIFIED | No |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 18 |
| WORKS AS AUTHOR | 17 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
The War in Ukraine and the Concept of Change
How to ‘make law count’
The international community has experimented with a variety of tools for promoting the rule of law in weak states, yet with few successes. An innovative tool is hybrid commissions not supplanting the justice system of the target state but fighting impunity from within it. In this contribution I therefore seek to identify the factors that render this novel mechanism of rule of law promotion effective, arguing that a set of factors – support from t…
Holding International Organizations Accountable
This essay suggests that the accountability trends explored by Stian Øby Johansen and Gisela Hirschmann in their respective monographs should be viewed as indicating the emergence of a right to justification in global governance. Both Johansen and Hirschmann seek to advance the interdisciplinary conversation about the accountability of international organizations—Johansen by developing a normative framework assessing the quality of IO accountabil…
A new type of hybrid actor in global governance
This article investigates the contribution of a new type of hybrid actor to fostering the rule of law in weak states. In a number of issue-areas in global governance, hybrid solutions have been experimented with, and the latest manifestation of this global trend towards hybridity are hybrid anti-impunity commissions that have begun to proliferate in Latin America in the past decade or so and that are likely to produce ripple-effects beyond the co…
When is more more? The proliferation of international courts and their impact on the rule of law in Africa
Africa has witnessed a proliferation of international human rights courts as well as criminal courts at different layers of governance – globally operating courts, regional courts as well as sub-regional courts – which suggests that analyzing this phenomenon through the prism of multi-level governance (MLG) will yield interesting insights into the workings of the rule of law in an era of global legal pluralism. One might be inclined to conclude t…
The promises and perils of subsidiarity in global governance
In the messy world of global governance, the principle of subsidiarity has the potential to order relations between different layers of governance as well as compensate for the legitimacy deficit of global governance institutions. However, subsidiarity has received surprisingly little scholarly attention in the discipline of International Relations. This article therefore seeks to examine the promises and perils of subsidiarity in global governan…
Civil society participation in regional integration in Africa
There is an undeniable trend towards civil society participation in virtually all issue-areas of global governance, yet civil society participation varies widely among international organisation (IOs). While this trend has inspired a voluminous academic literature, empirically-based, comparative studies of IO-civil society interaction in Africa remain largely absent. This article therefore examines civil society participation in three African sub…
Multi-level Approaches to Countering Unconstitutional Changes of Government in Africa
This article assesses the impact of multi-level approaches to the problem of unconstitutional changes of government (UCGs) on the rule of law at the national and global level. Based on a single-case study of the 2016 Gambian UCG, this article concludes that multi-level governance tends to strengthen the rule of law at the national level, but only if certain conditions are met. These include an agreement about the rules of the road regulating how …
Informal Regulation and the Hyper-Responsiveness of International Law
Monica Hakimi has offered a thought-provoking and timely analysis of how the jus ad bellum operates, placing on the agenda of international legal scholarship a regulatory dynamic that has thus far remained underappreciated. While I believe that a discussion of this dynamic is overdue and thus welcome her plea to take informal regulation seriously, I find some of her underlying assumptions about the nature and function of international law problem…
The Path of Least Resistance
This article traces efforts to mainstream social issues in the institutional architecture of the IMF, attributing the lack of progress in this area mainly to the Fund's organisational culture, which steers the IMF towards the path of least resistance when it comes to policy innovation. Whereas the IMF is frequently portrayed as a puppet of powerful member states, this article identifies the Fund's organisational culture as the central factor expl…
Rules about rules’ and the endogenous dynamics of international law
We can observe some developments that indicate a further strengthening of human rights and the rule of law even after 2001. These developments are puzzling as they occurred despite largely unfavourable scope conditions. This article offers an account of these developments that focuses on dynamics endogenous to the law. These internal dynamics provide a causal mechanism that sets in once a certain threshold of legalization has been reached. We emp…
The ‘Responsibility Not to Veto’, Secondary Rules, and the Rule of Law
In this article I argue that the concept of secondary rules provides a useful tool for analysing the interplay of politics and law in the evolution of the ‘responsibility not to veto’, which represents an attempt to subject the Security Council to the rule of law. Secondary rules help to maintain the law’s overall coherence, thereby bolstering its legitimacy and hence its ability to effectively govern human conduct. Most accounts of secondary rul…
Sovereignty and the responsibility to protect
The United States and the Responsibility to Protect
The US has always reserved the right to use military force to save strangers – unilaterally, if necessary. Yet successive US Administrations have perceived this right as an option to intervene, and not as a general duty toward endangered civilians that is exercised in a more or less consistent fashion. The responsibility to protect is thus a double-edged sword for the United States: on the one hand, it legitimises the use of military means as a l…
The Sovereignty Dodge and the Responsibility to Control
The killing of Osama bin Laden in Pakistan was justified by the Obama administration as an act of self-defense. Proponents of an expanded notion of self-defense argue that sovereignty implies responsibility not only for the protection of human rights, but also for the provision of public goods more generally, including effective territorial control. States which are unable to control their territory frequently become safe havens for militants who…
State Weakness, Irregular Warfare, and the Right to Self-Defense Post-9/11
Sovereign states have a responsibility not only to protect their own citizens, but also to protect— within their own territory—the rights and fundamental security interests of other states. Many states around the world, however, lack the resources to do so. Unable to exercise effective territorial control, these weak states frequently become safe havens for terrorist networks and other irregular groups. Yet the lack of such control is not the onl…
The responsibility to protect – much ado about nothing
Despite its newness, the concept of the responsibility to protect (R2P) looks back at a stellar career. It has been the subject of numerous conferences and academic publications and has been affirmed by the major UN bodies. Indeed, if one were to assess the development of an international norm by the amount of academic attention and general rhetorical support it enjoys, one could be inclined to believe that the responsibility to protect is rapidl…
Rules about rules’ and the endogenous dynamics of international law
We can observe some developments that indicate a further strengthening of human rights and the rule of law even after 2001. These developments are puzzling as they occurred despite largely unfavourable scope conditions. This article offers an account of these developments that focuses on dynamics endogenous to the law. These internal dynamics provide a causal mechanism that sets in once a certain threshold of legalization has been reached. We emp…
State Weakness, Irregular Warfare, and the Right to Self-Defense Post-9/11
Sovereign states have a responsibility not only to protect their own citizens, but also to protect— within their own territory—the rights and fundamental security interests of other states. Many states around the world, however, lack the resources to do so. Unable to exercise effective territorial control, these weak states frequently become safe havens for terrorist networks and other irregular groups. Yet the lack of such control is not the onl…
The United States and the Responsibility to Protect
The US has always reserved the right to use military force to save strangers – unilaterally, if necessary. Yet successive US Administrations have perceived this right as an option to intervene, and not as a general duty toward endangered civilians that is exercised in a more or less consistent fashion. The responsibility to protect is thus a double-edged sword for the United States: on the one hand, it legitimises the use of military means as a l…
The ‘Responsibility Not to Veto’, Secondary Rules, and the Rule of Law
In this article I argue that the concept of secondary rules provides a useful tool for analysing the interplay of politics and law in the evolution of the ‘responsibility not to veto’, which represents an attempt to subject the Security Council to the rule of law. Secondary rules help to maintain the law’s overall coherence, thereby bolstering its legitimacy and hence its ability to effectively govern human conduct. Most accounts of secondary rul…
How to ‘make law count’
The international community has experimented with a variety of tools for promoting the rule of law in weak states, yet with few successes. An innovative tool is hybrid commissions not supplanting the justice system of the target state but fighting impunity from within it. In this contribution I therefore seek to identify the factors that render this novel mechanism of rule of law promotion effective, arguing that a set of factors – support from t…
Civil society participation in regional integration in Africa
There is an undeniable trend towards civil society participation in virtually all issue-areas of global governance, yet civil society participation varies widely among international organisation (IOs). While this trend has inspired a voluminous academic literature, empirically-based, comparative studies of IO-civil society interaction in Africa remain largely absent. This article therefore examines civil society participation in three African sub…
The responsibility to protect – much ado about nothing
Despite its newness, the concept of the responsibility to protect (R2P) looks back at a stellar career. It has been the subject of numerous conferences and academic publications and has been affirmed by the major UN bodies. Indeed, if one were to assess the development of an international norm by the amount of academic attention and general rhetorical support it enjoys, one could be inclined to believe that the responsibility to protect is rapidl…
The responsibility to protect – much ado about nothing
Despite its newness, the concept of the responsibility to protect (R2P) looks back at a stellar career. It has been the subject of numerous conferences and academic publications and has been affirmed by the major UN bodies. Indeed, if one were to assess the development of an international norm by the amount of academic attention and general rhetorical support it enjoys, one could be inclined to believe that the responsibility to protect is rapidl…
The United States and the Responsibility to Protect
The US has always reserved the right to use military force to save strangers – unilaterally, if necessary. Yet successive US Administrations have perceived this right as an option to intervene, and not as a general duty toward endangered civilians that is exercised in a more or less consistent fashion. The responsibility to protect is thus a double-edged sword for the United States: on the one hand, it legitimises the use of military means as a l…
The Sovereignty Dodge and the Responsibility to Control
The killing of Osama bin Laden in Pakistan was justified by the Obama administration as an act of self-defense. Proponents of an expanded notion of self-defense argue that sovereignty implies responsibility not only for the protection of human rights, but also for the provision of public goods more generally, including effective territorial control. States which are unable to control their territory frequently become safe havens for militants who…
State Weakness, Irregular Warfare, and the Right to Self-Defense Post-9/11
Sovereign states have a responsibility not only to protect their own citizens, but also to protect— within their own territory—the rights and fundamental security interests of other states. Many states around the world, however, lack the resources to do so. Unable to exercise effective territorial control, these weak states frequently become safe havens for terrorist networks and other irregular groups. Yet the lack of such control is not the onl…
Sovereignty and the responsibility to protect
Rules about rules’ and the endogenous dynamics of international law
We can observe some developments that indicate a further strengthening of human rights and the rule of law even after 2001. These developments are puzzling as they occurred despite largely unfavourable scope conditions. This article offers an account of these developments that focuses on dynamics endogenous to the law. These internal dynamics provide a causal mechanism that sets in once a certain threshold of legalization has been reached. We emp…
The ‘Responsibility Not to Veto’, Secondary Rules, and the Rule of Law
In this article I argue that the concept of secondary rules provides a useful tool for analysing the interplay of politics and law in the evolution of the ‘responsibility not to veto’, which represents an attempt to subject the Security Council to the rule of law. Secondary rules help to maintain the law’s overall coherence, thereby bolstering its legitimacy and hence its ability to effectively govern human conduct. Most accounts of secondary rul…
The Path of Least Resistance
This article traces efforts to mainstream social issues in the institutional architecture of the IMF, attributing the lack of progress in this area mainly to the Fund's organisational culture, which steers the IMF towards the path of least resistance when it comes to policy innovation. Whereas the IMF is frequently portrayed as a puppet of powerful member states, this article identifies the Fund's organisational culture as the central factor expl…
Informal Regulation and the Hyper-Responsiveness of International Law
Monica Hakimi has offered a thought-provoking and timely analysis of how the jus ad bellum operates, placing on the agenda of international legal scholarship a regulatory dynamic that has thus far remained underappreciated. While I believe that a discussion of this dynamic is overdue and thus welcome her plea to take informal regulation seriously, I find some of her underlying assumptions about the nature and function of international law problem…
When is more more? The proliferation of international courts and their impact on the rule of law in Africa
Africa has witnessed a proliferation of international human rights courts as well as criminal courts at different layers of governance – globally operating courts, regional courts as well as sub-regional courts – which suggests that analyzing this phenomenon through the prism of multi-level governance (MLG) will yield interesting insights into the workings of the rule of law in an era of global legal pluralism. One might be inclined to conclude t…
The promises and perils of subsidiarity in global governance
In the messy world of global governance, the principle of subsidiarity has the potential to order relations between different layers of governance as well as compensate for the legitimacy deficit of global governance institutions. However, subsidiarity has received surprisingly little scholarly attention in the discipline of International Relations. This article therefore seeks to examine the promises and perils of subsidiarity in global governan…
Civil society participation in regional integration in Africa
There is an undeniable trend towards civil society participation in virtually all issue-areas of global governance, yet civil society participation varies widely among international organisation (IOs). While this trend has inspired a voluminous academic literature, empirically-based, comparative studies of IO-civil society interaction in Africa remain largely absent. This article therefore examines civil society participation in three African sub…
Multi-level Approaches to Countering Unconstitutional Changes of Government in Africa
This article assesses the impact of multi-level approaches to the problem of unconstitutional changes of government (UCGs) on the rule of law at the national and global level. Based on a single-case study of the 2016 Gambian UCG, this article concludes that multi-level governance tends to strengthen the rule of law at the national level, but only if certain conditions are met. These include an agreement about the rules of the road regulating how …
A new type of hybrid actor in global governance
This article investigates the contribution of a new type of hybrid actor to fostering the rule of law in weak states. In a number of issue-areas in global governance, hybrid solutions have been experimented with, and the latest manifestation of this global trend towards hybridity are hybrid anti-impunity commissions that have begun to proliferate in Latin America in the past decade or so and that are likely to produce ripple-effects beyond the co…
Holding International Organizations Accountable
This essay suggests that the accountability trends explored by Stian Øby Johansen and Gisela Hirschmann in their respective monographs should be viewed as indicating the emergence of a right to justification in global governance. Both Johansen and Hirschmann seek to advance the interdisciplinary conversation about the accountability of international organizations—Johansen by developing a normative framework assessing the quality of IO accountabil…
How to ‘make law count’
The international community has experimented with a variety of tools for promoting the rule of law in weak states, yet with few successes. An innovative tool is hybrid commissions not supplanting the justice system of the target state but fighting impunity from within it. In this contribution I therefore seek to identify the factors that render this novel mechanism of rule of law promotion effective, arguing that a set of factors – support from t…
The War in Ukraine and the Concept of Change
Political science (16 works) · Law (15 works) · Law and economics (14 works) · Law (13 works) · Sociology (12 works) · International Law and Human Rights (11 works) · Politics (10 works) · Economics (9 works) · Global Peace and Security Dynamics (9 works) · International law (7 works)