Gary Shaffer
Biographic Data
| ID | 238503 |
|---|---|
| NAME | Gary Shaffer |
| GIVEN NAMES | Gary |
| FAMILY NAME | Shaffer |
| SIGNATURE | SHAFFER G |
| AFFILIATIONS | University of California, Irvine |
| ORCID | 0000-0002-2205-2018 |
| VERIFIED | Yes |
| TOTAL WORKS | 53 |
| TOTAL CITATIONS | 1040 |
| AUTHOR COUNT | 53 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 10 |
Para-Ethnographic Study: The Project and its Methodology
The U.S.-Ukraine Strategic Minerals Partnership in the Wake of Russia’s War of Aggression
Russia's full-scale invasion of Ukraine has triggered not only military and diplomatic responses but also a new mercantile mechanism for cooperation, co-investments, and burden sharing for natural resource exploration and extraction as part of a country's defense and development policy.The "minerals deal" (involving mining, hydrocarbons, and infrastructure) between Ukraine and the United States establishes a mechanism for joint investment for Ukr…
The Rule of Law Under Pressure: A Transnational Perspective
Introduction to the Symposium on International Economic Law and Its Others
This symposium explores international economic law and "the others." 1 We define "the others" as the most vulnerable in contemporary societies to international economic law and the global economic processes that it supports, those who face oppression, adverse distributional consequences, and broader challenges to their way of everyday life. Their views are traditionally not represented, or at least not well recognized, within international econom…
Introduction to the Symposium on the Biden Administration and the International Legal Order
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Governing the Interface of U.S.-China Trade Relations
The strained U.S.-China trade relationship poses a frontal challenge to the multilateral trading system and has broad repercussions for international law. This Article addresses three dimensions of this relationship: (1) the economic dimension; (2) the geopolitical/national security dimension; and (3) the normative/social policy dimension. The Article advances a middle ground between those seeking to reinforce the World Trade Organization (WTO) s…
Ethnoarchaeological research on earthen buildings in Abruzzo
In 2015 an ethnoarchaeological survey of standing earthen buildings took place near the city of Celano in central Italy's Abruzzo region. The study provided observations relevant to archaeologists interpreting earthen architectural remains in many areas of the world: insights on structural function and the longevity of such buildings
Introduction to the Symposium on Drug Decriminalization, Legalization, and International Law
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Defining Crimes in a Global Age: Criminalization as a Transnational Legal Process
The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theore…
Constitution-Making and Transnational Legal Order
Response to Bryan Gervais and Irwin Morris’ review of American Discontent: The Rise of Donald Trump and Decline of the Golden Age
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Imperfect Alternatives: Institutional Choice and the Reform of Investment Law
This Article applies the theory of comparative institutional analysis to evaluate the trade-offs associated with alternative mechanisms for resolving investment disputes. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins the goals of fairness, efficiency, and peace that are attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity be…
Introduction to Symposium on Industry Associations in Transnational Legal ordering
As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry ass…
Khundi
Kathmandu
Theorizing Transnational Legal Ordering
This article categorizes three approaches to theorizing transnational legal ordering that respectively address private legal ordering; provide a framework for the study of the interaction of lawmaking and practice at the transnational, national, and local levels; and reconfigure the concept of law. The first approach develops theories of private legal ordering, involving lawmaking, adjudication, and enforcement through nonstate actors and institu…
Crisis
Introduction to Symposium on Alan O. Sykes, “Economic ‘Necessity’ in International Law”
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The New Legal Realist Approach to International Law
The New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and…
New Legal Realism's Rejoinder
This rejoinder responds to criticisms by Jan Klabbers and Ino Augsberg of ‘The New Legal Realist Approach to International Law’ ( Leiden Journal of International Law , Volume 28:2, 2015). The New Legal Realism brings together empirical and pragmatic perspectives in order to build theory regarding how law obtains meaning, is practised, and changes over time. In contrast with conceptualists, such as Augsberg, legal realists do not accept the priori…
European Communities—Measures Prohibiting the Importation and Marketing of Seal Products
On May 22, 2014, the World Trade Organization’s Appellate Body (AB) issued its report on the controversial “ ECSeal Products ” dispute, finding that a European Union (EU or Union) prohibition on the importation and sale of seal products violated the General Agreement on Tariffs and Trade 1994 (GATT). It did so, however, in a way that largely upheld the Union”s defense on animal welfare grounds, so that the prohibition remains effective. The decis…
How the World Trade Organization shapes regulatory governance
The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (in…
State Transformation and the Role of Lawyers: The WTO, India, and Transnational Legal Ordering
This article explains the impact of India's engagement with the law of the World Trade Organization (WTO) on both the Indian state and on the WTO itself. In each case, it explains the role of Indian lawyers within the larger transnational context. In engaging with globalization and the WTO, India has transformed itself. The Indian state has moved toward a new developmental state model involving a stronger emphasis on trade, greater government tra…
Law and Development of Middle-Income Countries: Avoiding the Middle-Income Trap
In 1960, there were 101 middle-income countries. By 2008, only thirteen of these had become high-income countries. Why do so many middle-income countries fail to develop after a promising start, becoming mired in the so-called middle-income trap? This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective. It is the first volume that addresses law and dev…
Carbon dioxide and climate impulse response functions for the computation of greenhouse gas metrics: A multi-model analysis
The responses of carbon dioxide (CO2) and other climate variables to an emission pulse of CO2 into the atmosphere are often used to compute the Global Warming Potential (GWP) and Global Temperature change Potential (GTP), to characterize the response timescales of Earth System models, and to build reduced-form models. In this carbon cycle-climate model intercomparison project, which spans the full model hierarchy, we quantify responses to emissio…
Coding In-depth Semistructured Interviews: Problems of Unitization and Intercoder Reliability and Agreement
Many social science studies are based on coded in-depth semistructured interview transcripts. But researchers rarely report or discuss coding reliability in this work. Nor is there much literature on the subject for this type of data. This article presents a procedure for developing coding schemes for such data. It involves standardizing the units of text on which coders work and then improving the coding scheme's discriminant capability (i.e., r…
Ideas, Politics, and Public Policy
Scholars have become acutely interested in how behavior driven by ideas rather than self-interest determines policy-making outcomes. This review examines the literature on this subject. It differentiates among the types of ideas that may affect policy making (i.e., cognitive paradigms, world views, norms, frames, and policy programs) and identifies some of the persistent difficulties associated with studying how ideas shape policy. In particular,…
Property Rights and the Organization of Economic Activity by the State
In advanced capitalist society the state helps shape the institutional organization of the economy. We show how the state shapes the economy through the manipulation of property rights. The state's actions create pressures for change that lead actors to look for new forms of economic organization. The state also assists, leads, or constrains the process of selecting new forms of economic organization that emerge in response to these pressures, an…
The Varieties of Capitalism and Hybrid Success: Denmark in the Global Economy
The varieties of capitalism literature maintains that advanced capitalist countries whose institutions best fit either the liberal or coordinated market economy types will perform better than countries whose institutions are mixed. This is because hybrids are less likely to yield functionally beneficial institutional complementarities. The authors challenge this assertion. Denmark has performed as well as many purer cases during the 1990s. And De…
The Empirical Turn in International Legal Scholarship
There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the pr…
How the World Trade Organization shapes regulatory governance
The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (in…
What's new in EU trade dispute settlement? Judicialization, public–private networks and the WTO legal order
There is a recursive relationship between the judicialization of international trade relations and the development of public-private partnerships in the EU to address international trade claims. The more legalized international trading system creates stronger incentives for well-placed private actors to engage public legal processes. At the same time, to litigate effectively in the WTO system, government officials need the specific information th…
Imperfect Alternatives: Institutional Choice and the Reform of Investment Law
This Article applies the theory of comparative institutional analysis to evaluate the trade-offs associated with alternative mechanisms for resolving investment disputes. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins the goals of fairness, efficiency, and peace that are attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity be…
The challenges of WTO law: Strategies for Developing Country Adaptation
Although developing countries vary significantly in terms of trading profiles, they generally face three primary challenges if they are to participate effectively in the WTO dispute settlement system. These challenges are: (i) a relative lack of legal expertise in WTO law; (ii) constrained financial resources, including for the hiring of outside counsel; and (iii) fear of political and economic pressure. We can roughly categorize these challenges…
Transnationalism, Unilateralism and International Law
When we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of …
Institutional competitiveness in the global economy: Denmark, the United States, and the varieties of capitalism
Despite high taxes, a large welfare state, and much economic regulation, Denmark competes successfully against other advanced capitalist economies. Denmark’s success is based in large part on its institutional competitiveness – its capacity to achieve socioeconomic success as a result of the competitive advantages that firms derive from operating within a particular set of institutions. The institutional basis for successfully coordinating labor …
State Transformation and the Role of Lawyers: The WTO, India, and Transnational Legal Ordering
This article explains the impact of India's engagement with the law of the World Trade Organization (WTO) on both the Indian state and on the WTO itself. In each case, it explains the role of Indian lawyers within the larger transnational context. In engaging with globalization and the WTO, India has transformed itself. The Indian state has moved toward a new developmental state model involving a stronger emphasis on trade, greater government tra…
International Law and Global Public Goods in a Legal Pluralist World
The world faces multiple challenges in producing global public goods, such as climate change mitigation, financial stability, security from nuclear terror, knowledge production, and the eradication of infectious diseases. International law scholarship, in the meantime, takes a turn towards celebrating pluralism without sufficiently accounting for institutional variation to address different contexts. Those writing on global public goods challenge…
Transnational Legal Process and State Change
This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize the…
Defending the Gellnerian premise: Denmark in historical and comparative context
The teleological functionalism of Gellner's theory of nationalism has been much criticised. Attention here is on a different matter, namely Gellner's basic premise – that national homogeneity is a condition for societal success. We defend this view in a particular way – by showing that small, culturally homogeneous countries have advantages that often enhance their socioeconomic performance. They can coordinate policy in ways that help them respo…
Theorizing Transnational Legal Ordering
This article categorizes three approaches to theorizing transnational legal ordering that respectively address private legal ordering; provide a framework for the study of the interaction of lawmaking and practice at the transnational, national, and local levels; and reconfigure the concept of law. The first approach develops theories of private legal ordering, involving lawmaking, adjudication, and enforcement through nonstate actors and institu…
International trade—WTO—quantitative restrictions—environmental protection—endangered species—U.S. import ban on shrimp
United States—Import Prohibition of Certain Shrimp and Shrimp Products. World Trade Organization, Appellate Body, October 12, 1998. In May 1996, the United States effectively prohibited imports of shrimp and shrimp products from all countries that do not require commercial shrimp trawlers to use turtle-excluder devices (TEDs) to permit endangered species of sea turtles to escape from trawling nets to avoid drowning. In January 1997, India, Malays…
The New Legal Realist Approach to International Law
The New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and…
Defining Crimes in a Global Age: Criminalization as a Transnational Legal Process
The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theore…
The Organisation of Employment: An International Perspective
Pour convaincre les sceptiques: À Propos Des Idées Et Des Critiques De La Théorie Du Choix Rationnel
Pour convaincre les sceptiques : à propos des idées et des critiques de la théorie du choix rationnel. Un article de la revue Sociologie et sociétés (La théorie du choix rationnel contre les sciences sociales ? Bilan des débats contemporains) diffusée par la plateforme Érudit
Governance of the American Economy
European Communities—Measures Prohibiting the Importation and Marketing of Seal Products
On May 22, 2014, the World Trade Organization’s Appellate Body (AB) issued its report on the controversial “ ECSeal Products ” dispute, finding that a European Union (EU or Union) prohibition on the importation and sale of seal products violated the General Agreement on Tariffs and Trade 1994 (GATT). It did so, however, in a way that largely upheld the Union”s defense on animal welfare grounds, so that the prohibition remains effective. The decis…
Domestic Architecture and the Use of Space: An Interdisciplinary Cross-Cultural Study. Susan Kent
An Alternative to Unilateral Immigration Controls: Toward a Coordinated U. S.-Mexico Binational Approach
An Alternative to Unilateral Immigration Controls: Toward a Coordinated U. S.-Mexico Binational Approach
Property Rights and the Organization of Economic Activity by the State
In advanced capitalist society the state helps shape the institutional organization of the economy. We show how the state shapes the economy through the manipulation of property rights. The state's actions create pressures for change that lead actors to look for new forms of economic organization. The state also assists, leads, or constrains the process of selecting new forms of economic organization that emerge in response to these pressures, an…
Domestic Architecture and the Use of Space: An Interdisciplinary Cross-Cultural Study. Susan Kent
Governance of the American Economy
International trade—WTO—quantitative restrictions—environmental protection—endangered species—U.S. import ban on shrimp
United States—Import Prohibition of Certain Shrimp and Shrimp Products. World Trade Organization, Appellate Body, October 12, 1998. In May 1996, the United States effectively prohibited imports of shrimp and shrimp products from all countries that do not require commercial shrimp trawlers to use turtle-excluder devices (TEDs) to permit endangered species of sea turtles to escape from trawling nets to avoid drowning. In January 1997, India, Malays…
Biotechnology: The next transatlantic trade war
The dispute between the United States and the European Union over genetically modified organisms is genuine and rooted in opposing philosophies of food safety regulation. Yet it is unlikely to develop into a transatlantic trade war. Here are four reasons why
The Rise of Neoliberalism and Institutional Analysis
The last quarter century has been marked by the ascension of neoliberalism--market deregulation, state decentralization, and reduced political intervention in national economies. Not coincidentally, this period of dramatic institutional change has also seen the emergence of several schools of institutional analysis. Though these schools cut across disciplines, they have remained isolated from and critical of each other. This volume brings togethe…
Pour convaincre les sceptiques: À Propos Des Idées Et Des Critiques De La Théorie Du Choix Rationnel
Pour convaincre les sceptiques : à propos des idées et des critiques de la théorie du choix rationnel. Un article de la revue Sociologie et sociétés (La théorie du choix rationnel contre les sciences sociales ? Bilan des débats contemporains) diffusée par la plateforme Érudit
Clarification et réponse aux critiques
Clarification et réponse aux critiques. Un article de la revue Sociologie et sociétés (La théorie du choix rationnel contre les sciences sociales ? Bilan des débats contemporains) diffusée par la plateforme Érudit
Ideas, Politics, and Public Policy
Scholars have become acutely interested in how behavior driven by ideas rather than self-interest determines policy-making outcomes. This review examines the literature on this subject. It differentiates among the types of ideas that may affect policy making (i.e., cognitive paradigms, world views, norms, frames, and policy programs) and identifies some of the persistent difficulties associated with studying how ideas shape policy. In particular,…
Power in Global Governance
This edited volume examines power in its different dimensions in global governance. Scholars tend to underestimate the importance of power in international relations because of a failure to see its multiple forms. To expand the conceptual aperture, this book presents and employs a taxonomy that alerts scholars to the different kinds of power that are present in world politics. A team of international scholars demonstrate how these different forms…
The Organisation of Employment: An International Perspective
How Institutions Evolve: The Political Economy of Skills in Germany, Britain, the United States, and Japan
Transatlantic Economic Relations: Continuity amid discord
The European Union (EU) and the United States are the world's largest and most-interconnected economies. In the 1990s, they engaged in a series of joint initiatives designed further to liberalise the transatlantic marketplace through cooperation in trade and regulatory matters, including pursuant to the 1995 New Transatlantic Agenda. From 2000 to 2004, however, political tensions between the US and Europe intensified, as conflicts arose over the …
What's new in EU trade dispute settlement? Judicialization, public–private networks and the WTO legal order
There is a recursive relationship between the judicialization of international trade relations and the development of public-private partnerships in the EU to address international trade claims. The more legalized international trading system creates stronger incentives for well-placed private actors to engage public legal processes. At the same time, to litigate effectively in the WTO system, government officials need the specific information th…
The challenges of WTO law: Strategies for Developing Country Adaptation
Although developing countries vary significantly in terms of trading profiles, they generally face three primary challenges if they are to participate effectively in the WTO dispute settlement system. These challenges are: (i) a relative lack of legal expertise in WTO law; (ii) constrained financial resources, including for the hiring of outside counsel; and (iii) fear of political and economic pressure. We can roughly categorize these challenges…
Institutional competitiveness in the global economy: Denmark, the United States, and the varieties of capitalism
Despite high taxes, a large welfare state, and much economic regulation, Denmark competes successfully against other advanced capitalist economies. Denmark’s success is based in large part on its institutional competitiveness – its capacity to achieve socioeconomic success as a result of the competitive advantages that firms derive from operating within a particular set of institutions. The institutional basis for successfully coordinating labor …
The Varieties of Capitalism and Hybrid Success: Denmark in the Global Economy
The varieties of capitalism literature maintains that advanced capitalist countries whose institutions best fit either the liberal or coordinated market economy types will perform better than countries whose institutions are mixed. This is because hybrids are less likely to yield functionally beneficial institutional complementarities. The authors challenge this assertion. Denmark has performed as well as many purer cases during the 1990s. And De…
Mediating Globalization: Domestic Institutions and Industrial Policies in the United States and Britain – By Andrew P. Cortell
When Cooperation Fails
The transatlantic dispute over genetically modified organisms (GMOs) has brought into conflict the United States and the European Union, two long-time allies and economically interdependent democracies with a long record of successful cooperation. Yet the dispute — pitting a largely acceptant US against an EU deeply suspicious of GMOs — has developed into one of the most bitter and intractable transatlantic and global conflicts, resisting efforts…
Rethinking Expertise – By H. Collins and R. Evans
Defending the Gellnerian premise: Denmark in historical and comparative context
The teleological functionalism of Gellner's theory of nationalism has been much criticised. Attention here is on a different matter, namely Gellner's basic premise – that national homogeneity is a condition for societal success. We defend this view in a particular way – by showing that small, culturally homogeneous countries have advantages that often enhance their socioeconomic performance. They can coordinate policy in ways that help them respo…
Transnational Legal Process and State Change
This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize the…
International Law and Global Public Goods in a Legal Pluralist World
The world faces multiple challenges in producing global public goods, such as climate change mitigation, financial stability, security from nuclear terror, knowledge production, and the eradication of infectious diseases. International law scholarship, in the meantime, takes a turn towards celebrating pluralism without sufficiently accounting for institutional variation to address different contexts. Those writing on global public goods challenge…
The Empirical Turn in International Legal Scholarship
There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the pr…
Political science (40 works) · Law (32 works) · Law (23 works) · Economics (21 works) · Sociology (18 works) · Law and economics (14 works) · Politics (12 works) · Business (11 works) · Computer Science (11 works) · International Arbitration and Investment Law (10 works)