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Karen J Alter

Dados Biográficos

ID1008233
NOMEKaren J Alter
PRENOMESKaren J
SOBRENOMEAlter
ASSINATURAALTER K J
AFILIAÇÕESNorthwestern University
ORCID0000-0001-9508-8938
VERIFICADOSim
TOTAL DE OBRAS44
TOTAL DE CITAÇÕES1235
TOTAL COMO AUTOR42
TOTAL COMO EDITOR2
PRIMEIRO ANO DE PUBLICAÇÃO1994
ANO MAIS RECENTE DE PUBLICAÇÃO2025
ÍNDICE H18
  • U.S. Export Controls Across Time

    Open Access•Karen J Alter•ARTICLE•American Journal of International…•2025•Citada por: 1

    Today export controls are all over the news. The so-called October rules regulating U.S. advanced semi-conductor chip exports to China represent a significant expansion of U.S. efforts to control the export of upstream advanced technology where the direct military applications remain unknowable. The U.S. sanctions and export control policy against Russia involve the most far-ranging and internationally coordinated export control regime since the …

  • Global Governance in Time

    Karen J Alter, Stephen C Nelson•ARTICLE•World Politics•2024•Citada por: 3

    Will China's rise fundamentally change global governance? Answering this question requires grasping how sequences shape the development of institutions across time. The books that we review adapt the standard historical institutional (hi) conceptual toolkit—path dependence, reactive sequences, and gradual institutional change—to explain institutional persistence and change in global governance. We argue that international regime complexity (irc) …

  • The promise and perils of theorizing international regime complexity in an evolving world

    Open Access•Karen J Alter•ARTICLE•The Review of International…•2022

  • Comprehending global governance

    Open Access•Karen J Alter•ARTICLE•Global Constitutionalism•2020•Referências: 10

    The After Fragmentation special issue unites political science conversations about regime complexity with legal/normative conversations about global constitutionalism through a focus on the generation and resolution of interface conflicts, defined as moments when overlapping elements or rule incompatibilities generate actual conflicts. Yet scholars choosing among these two perspectives actually have different objectives. After reviewing the two l…

  • Conceptualising backlash politics

    Open Access•Karen J Alter, Michael Zürn•ARTICLE•The British Journal of Politics…•2020•Citada por: 37•Referências: 15

    Despite the widespread sense that backlash is an important feature of contemporary national and world politics, there is remarkably little scholarly work on the politics of backlash. This special issue conceptualises backlash politics as a distinct form of contentious politics. Backlash politics includes the following three necessary elements: (1) a retrograde objective of returning to a prior social condition, (2) extraordinary goals and tactics…

  • Theorising backlash politics

    Open Access•Karen J Alter, Michael Zürn•ARTICLE•The British Journal of Politics…•2020•Citada por: 8•Referências: 5

    This conclusion to a special issue on backlash politics develops a proto-theory of backlash politics. The special issue’s introduction defined backlash politics as a particular form of political contestation with a retrograde objective as well as extraordinary goals or tactics that has reached the threshold level of entering mainstream public discourse. While a sub-category of contentious politics, we argue that backlash politics is distinct and …

  • Visions of international law

    Open Access•Karen J Alter•ARTICLE•Leiden Journal of International Law•2020

    Taking the opportunity of this LJIL special lecture, Professor Alter provides an interdisciplinary retrospective that explains, defends and critiques six common visions of international law: The naïve political scientist’s expectations about international law as a fixed reflection of political choices; the legal formalist and structural theorist who believes that formal rules, institutions, and processes should generate similar outcomes in differ…

  • Gender and Status in American Political Science

    Open Access•Karen J Alter, Jean Clipperton et al.•ARTICLE•Perspectives on Politics•2020•Citada por: 23•Referências: 23

    We investigate gender disparities in status construction in American political science, focusing on three questions: 1) Do institutions within the discipline of political science—including departments, APSA, editorial boards, and academic honor societies–reflect or remedy gender disparities that exist in many forms of recognition, including appointments to top leadership and citations? 2) Are institutions with centralized and accountable appointm…

  • Introduction to the Symposium on Kristina Daugirdas, “Reputation as a Disciplinarian of International Organizations”

    Open Access•Karen J Alter•ARTICLE•AJIL Unbound•2019

    An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button

  • Theorizing the Judicialization of International Relations

    Open Access•Karen J Alter, Emilie M Hafner-Burton et al.•ARTICLE•International Studies Quarterly•2019•Citada por: 30•Referências: 99

    This article introduces a Thematic Section and theorizes the multiple ways that judicializing international relations shifts power away from national executives and legislatures toward litigants, judges, arbitrators, and other nonstate decision-makers. We identify two preconditions for judicialization to occur—(1) delegation to an adjudicatory body charged with applying designated legal rules, and (2) legal rights-claiming by actors who bring—or …

  • International Court Authority

    Mikael Rask Madsen, Karen J Alter et al.•BOOK•International Court Authority•2018

    Identifying the “varied authority” of international adjudicators as a common object of inquiry, this book develops a framework to conceptualize and analyze international court authority with the goal of assessing how contextual factors affect international courts’ authority, and therby their political and legal influence. Scholars drawn from a range of academic disciplines—namely law, political science, and sociology—have contributed to this book…

  • Conclusion

    Karen J Alter, Laurence R Helfer et al.•BOOK•International Court Authority•2018

    This concluding chapter returns to the conjectures developed in Chapter 2, extracting insights from the book’s empirical chapters to explore how context shapes the authority of ICs. While several of the conjectures were confirmed, others were not. We focus in particular on the limited impact of IC design features, the distinctive challenges faced by international criminal tribunals, and by ICs created during the post-Cold War era. The final secti…

  • The Sadc Tribunal

    Karen J Alter, E Tendayi Achiume et al.•BOOK•International Court Authority•2018

    This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a signific…

  • The Rise of International Regime Complexity

    Karen J Alter, Kal Raustiala•ARTICLE•Annual Review of Law and Social…•2018•Citada por: 55•Referências: 16

    The signature feature of twenty-first-century international cooperation is arguably not the regime but the regime complex. A regime complex is an array of partially overlapping and nonhierarchical institutions that includes more than one international agreement or authority. The institutions and agreements may be functional or territorial in nature. International regime complexity refers to international political systems of global governance tha…

  • Law in Action

    Open Access•Karen J Alter•ARTICLE•Perspectives on Politics•2018

    An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content

  • Backlash against International Courts in West, East and Southern Africa

    Karen J Alter, James Thuo Gathii et al.•ARTICLE•European Journal of International…•2016•Citada por: 35

    This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights comp…

  • The New Terrain of International Law

    Karen J Alter, Karen Alter•BOOK•New Terrain of International Law•2014

    This chapter explains the book's threefold goal. First, it reveals a paradigm change in creating and using international courts (ICs), leading to the creation of the new international judicial architecture. Second, the book conceptualizes how new-style ICs affect domestic and international politics across countries, courts, cases, and issues. An international court's political influence comes from its authority to say what the law means for the c…

  • The Oxford Handbook of International Adjudication

    Shepard Forman, Cesare Romano et al.•BOOK•The Oxford Handbook Of…•2013

    The Oxford Handbook of International Adjudication offers a comprehensive study into the development, proliferation, and functions of international adjudicative bodies. The Handbook is divided into six parts. Part 1provides an overview of the origins and evolution of international adjudicatory bodies. Part 2 analyses the orders and families of international adjudicators. Part 3 discusses the theoretical approaches to the study of international adj…

  • A New International Human Rights Court for West Africa

    Open Access•Karen J Alter, Laurence R Helfer et al.•ARTICLE•American Journal of International…•2013•Citada por: 24•Referências: 27

    The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) is an increasingly active and bold adjudicator of human rights. Since acquiring jurisdiction over human rights complaints in 2005, the ECOWAS Court has issued numerous decisions condemning human rights violations by the member states of the Economic Community of West African States (Community). Among this Court’s path-breaking cases are judgments agains…

  • Transplanting the European Court of Justice

    Karen J Alter, Karen Alter et al.•ARTICLE•The American Journal of…•2012•Citada por: 5•Referências: 17

    Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplan…

  • The Evolving International Judiciary

    Open Access•Karen J Alter•ARTICLE•Annual Review of Law and Social…•2011•Citada por: 9•Referências: 31

    This article explains the rapid proliferation in international courts first in the post–World War II and then the post–Cold War eras. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments i…

  • The Global Spread of European Style International Courts

    Karen J Alter•ARTICLE•West European Politics•2011•Citada por: 33•Referências: 7

    Europe created the model of embedded international courts (ICs) where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European style ICs: there are now 11 operational copies of the European Court of Justice (ECJ), and a number of ICs that do not copy the ECJ but use Europe'…

  • Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice

    Open Access•Karen J Alter, Laurence R Helfer•ARTICLE•International Organization•2010•Citada por: 38•Referências: 50

    Are international courts power-seeking by nature, expanding the reach and scope of international rules and the courts' authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ's jurisdictional cousin and the third …

  • Islands of Effective International Adjudication

    Open Access•Laurence R Helfer, Karen J Alter et al.•ARTICLE•American Journal of International…•2009•Citada por: 8•Referências: 19

    Forty years ago, the small and underdeveloped nations on the mountainous western edge of South America formed a regional integration pact to promote economic growth, regulate foreign investment, and harmonize national laws. Overall, their enterprise has not turned out well. Riven by political schisms, economic shocks, and weak domestic legal and judicial systems, the five principal countries of the Andean Community—Bolivia, Colombia, Ecuador,Peru…

  • The Politics of International Regime Complexity

    Open Access•Karen J Alter, Sophie Meunier•ARTICLE•Perspectives on Politics•2009•Citada por: 343•Referências: 59

    The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of this “international regime complexity” for subsequent politics. What analytical insights can be gained by thinking about any single agreement as being embedded in …

Próximo
  • The Politics of International Regime Complexity

    Open Access•Karen J Alter, Sophie Meunier•ARTICLE•Perspectives on Politics•2009•Citada por: 343•Referências: 59

    The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of this “international regime complexity” for subsequent politics. What analytical insights can be gained by thinking about any single agreement as being embedded in …

  • Who Are the “Masters of the Treaty

    Open Access•Karen J Alter•ARTICLE•International Organization•1998•Citada por: 124•Referências: 7

    To what extent can the European Court of Justice, an international court, make decisions that go against the interests of European Union member states? Neofunctionalist accounts imply that because the Court is a legal body it has vast political autonomy from the member states, whereas neorealist accounts imply that because member states can sanction the ECJ, the Court has no significant political autonomy. Neither theory can explain why the Court…

  • Explaining Variation in the Use of European Litigation Strategies

    Open Access•Karen J Alter, JEANNETTE VARGAS et al.•ARTICLE•Comparative Political Studies•2000•Citada por: 83•Referências: 24

    Through the examination of one of the most successful cases of a European Community (EC) law litigation strategy, this article develops a general framework for understanding when and how the EC legal system will be successfully used by domestic groups to challenge national policy. The authors show how the European legal system actually shifted the domestic balance of power in favor of equality actors, allowing a previously weak domestic group to …

  • Judicial Politics in the European Community

    Open Access•Karen J Alter, Sophie Meunier-Aitsahalia•ARTICLE•Comparative Political Studies•1994•Citada por: 78•Referências: 13

    Was the European Court of Justice a key actor in the “relaunching” of European integration in the 1980s? This article examines the crucial political role that was played by the Court with its Cassis de Dijon judgment in the rejuvenation EC harmonization policy and the development of the Single European Act. The authors challenge the dominant view that the Court's legal decisions in themselves create policy consequences, or that legal verdicts ref…

  • Establishing the Supremacy of European Law

    Karen J Alter•BOOK•Establishing the Supremacy of…•2003•Citada por: 67

    The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and the autonomous influence of law and legal rulings extends into the political process itself. The European legal system was not always so effective at influencing state behaviour and compelling compliance. Indeed the European Community's original lega…

  • The European Court's political power

    Karen J Alter•ARTICLE•West European Politics•1996•Citada por: 65•Referências: 3

    The European Court has emerged as one of the most powerful political institutions in the European Union and the most influential international court in existence. National courts are the linchpins of the European legal system, making European Court decisions enforceable and creating an independent power base for the European Court. This article examines why national courts agreed to take on a role enforcing European law supremacy against their ow…

  • The European Union's Legal System and Domestic Policy

    Open Access•Karen J Alter•ARTICLE•International Organization•2000•Citada por: 60

    Under what conditions do domestic actors use international legal mechanisms to influence domestic policy? Drawing on the European case, where legalization has progressed the furthest, I develop a generalizable framework for explaining variation in the use of the European Union's legal system by domestic actors to influence national policy. Four steps are involved in using the European legal process to pressure for policy change: (1) there must be…

  • The Rise of International Regime Complexity

    Karen J Alter, Kal Raustiala•ARTICLE•Annual Review of Law and Social…•2018•Citada por: 55•Referências: 16

    The signature feature of twenty-first-century international cooperation is arguably not the regime but the regime complex. A regime complex is an array of partially overlapping and nonhierarchical institutions that includes more than one international agreement or authority. The institutions and agreements may be functional or territorial in nature. International regime complexity refers to international political systems of global governance tha…

  • Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice

    Open Access•Karen J Alter, Laurence R Helfer•ARTICLE•International Organization•2010•Citada por: 38•Referências: 50

    Are international courts power-seeking by nature, expanding the reach and scope of international rules and the courts' authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ's jurisdictional cousin and the third …

  • Nested and overlapping regimes in the transatlantic banana trade dispute

    Karen J Alter, Sophie Meunier-Aitsahalia et al.•ARTICLE•Journal of European Public Policy•2006•Citada por: 38•Referências: 15

    The decade long trans-Atlantic banana dispute was not a traditional trade conflict stemming from antagonistic producers’ interests. Instead, this article argues that the banana dispute is one of the most complex illustrations of the legal and political difficulties created by the nesting and overlapping of international institutions and commitments. The contested Europe-wide banana policy was an artifact of nesting--the fruit of efforts to reconc…

  • Conceptualising backlash politics

    Open Access•Karen J Alter, Michael Zürn•ARTICLE•The British Journal of Politics…•2020•Citada por: 37•Referências: 15

    Despite the widespread sense that backlash is an important feature of contemporary national and world politics, there is remarkably little scholarly work on the politics of backlash. This special issue conceptualises backlash politics as a distinct form of contentious politics. Backlash politics includes the following three necessary elements: (1) a retrograde objective of returning to a prior social condition, (2) extraordinary goals and tactics…

  • Backlash against International Courts in West, East and Southern Africa

    Karen J Alter, James Thuo Gathii et al.•ARTICLE•European Journal of International…•2016•Citada por: 35

    This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights comp…

  • The Global Spread of European Style International Courts

    Karen J Alter•ARTICLE•West European Politics•2011•Citada por: 33•Referências: 7

    Europe created the model of embedded international courts (ICs) where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European style ICs: there are now 11 operational copies of the European Court of Justice (ECJ), and a number of ICs that do not copy the ECJ but use Europe'…

  • Agents or Trustees? International Courts in their Political Context

    Open Access•Karen J Alter•ARTICLE•European Journal of International…•2008•Citada por: 31•Referências: 41

    In International Relations applications, theorists employing Principal— Agent (P—A) theory have posited that the fact of delegation defines a relationship between states (collective Principals) and international organizations (Agents) where recontracting threats are the predominant way states influence IOs. Developing a category of delegation to international Trustees, I argue that recontracting tools will be both harder to use and less effective…

  • Theorizing the Judicialization of International Relations

    Open Access•Karen J Alter, Emilie M Hafner-Burton et al.•ARTICLE•International Studies Quarterly•2019•Citada por: 30•Referências: 99

    This article introduces a Thematic Section and theorizes the multiple ways that judicializing international relations shifts power away from national executives and legislatures toward litigants, judges, arbitrators, and other nonstate decision-makers. We identify two preconditions for judicialization to occur—(1) delegation to an adjudicatory body charged with applying designated legal rules, and (2) legal rights-claiming by actors who bring—or …

  • Private Litigants and the New International Courts

    Open Access•Karen J Alter•ARTICLE•Comparative Political Studies•2006•Citada por: 25•Referências: 25

    Scholars expect International Courts (ICs) with private access and compulsory jurisdiction to be more independent and effective. This article shows a trend of creating and using ICs with compulsory jurisdiction and private access, using as evidence the founding statutes and usage rates of 20 ICs created since 1945. Analyzing where and for what private actors are granted access to ICs, the author finds that what is driving the expansion of private…

  • A New International Human Rights Court for West Africa

    Open Access•Karen J Alter, Laurence R Helfer et al.•ARTICLE•American Journal of International…•2013•Citada por: 24•Referências: 27

    The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) is an increasingly active and bold adjudicator of human rights. Since acquiring jurisdiction over human rights complaints in 2005, the ECOWAS Court has issued numerous decisions condemning human rights violations by the member states of the Economic Community of West African States (Community). Among this Court’s path-breaking cases are judgments agains…

  • Gender and Status in American Political Science

    Open Access•Karen J Alter, Jean Clipperton et al.•ARTICLE•Perspectives on Politics•2020•Citada por: 23•Referências: 23

    We investigate gender disparities in status construction in American political science, focusing on three questions: 1) Do institutions within the discipline of political science—including departments, APSA, editorial boards, and academic honor societies–reflect or remedy gender disparities that exist in many forms of recognition, including appointments to top leadership and citations? 2) Are institutions with centralized and accountable appointm…

  • The Evolving International Judiciary

    Open Access•Karen J Alter•ARTICLE•Annual Review of Law and Social…•2011•Citada por: 9•Referências: 31

    This article explains the rapid proliferation in international courts first in the post–World War II and then the post–Cold War eras. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments i…

  • Theorising backlash politics

    Open Access•Karen J Alter, Michael Zürn•ARTICLE•The British Journal of Politics…•2020•Citada por: 8•Referências: 5

    This conclusion to a special issue on backlash politics develops a proto-theory of backlash politics. The special issue’s introduction defined backlash politics as a particular form of political contestation with a retrograde objective as well as extraordinary goals or tactics that has reached the threshold level of entering mainstream public discourse. While a sub-category of contentious politics, we argue that backlash politics is distinct and …

  • Islands of Effective International Adjudication

    Open Access•Laurence R Helfer, Karen J Alter et al.•ARTICLE•American Journal of International…•2009•Citada por: 8•Referências: 19

    Forty years ago, the small and underdeveloped nations on the mountainous western edge of South America formed a regional integration pact to promote economic growth, regulate foreign investment, and harmonize national laws. Overall, their enterprise has not turned out well. Riven by political schisms, economic shocks, and weak domestic legal and judicial systems, the five principal countries of the Andean Community—Bolivia, Colombia, Ecuador,Peru…

  • Resolving or Exacerbating Disputes? The WTO's New Dispute Resolution System

    Open Access•Karen J Alter•ARTICLE•International Affairs•2003•Citada por: 8

    In 1995 the dispute resolution system of the WTO was transformed to make it more effective in enforcing WTO rules. Ironically, the improvements in the system have contributed directly to greater conflict in the WTO. How can improving a system to resolve disputes actually exacerbate conflict? This article identifies a number of conflict-enhancing consequences of the change in the dispute resolution mechanism. Conflict is not bad per se. Indeed, if…

  • Transplanting the European Court of Justice

    Karen J Alter, Karen Alter et al.•ARTICLE•The American Journal of…•2012•Citada por: 5•Referências: 17

    Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplan…

  • Law, Political Science and EU Legal Studies

    Open Access•Karen J Alter, Renaud Dehousse et al.•ARTICLE•European Union Politics•2002•Citada por: 4•Referências: 18

  • Global Governance in Time

    Karen J Alter, Stephen C Nelson•ARTICLE•World Politics•2024•Citada por: 3

    Will China's rise fundamentally change global governance? Answering this question requires grasping how sequences shape the development of institutions across time. The books that we review adapt the standard historical institutional (hi) conceptual toolkit—path dependence, reactive sequences, and gradual institutional change—to explain institutional persistence and change in global governance. We argue that international regime complexity (irc) …

  • Judicial Politics in the European Community

    Open Access•Karen J Alter, Sophie Meunier-Aitsahalia•ARTICLE•Comparative Political Studies•1994•Citada por: 78•Referências: 13

    Was the European Court of Justice a key actor in the “relaunching” of European integration in the 1980s? This article examines the crucial political role that was played by the Court with its Cassis de Dijon judgment in the rejuvenation EC harmonization policy and the development of the Single European Act. The authors challenge the dominant view that the Court's legal decisions in themselves create policy consequences, or that legal verdicts ref…

  • The European Court's political power

    Karen J Alter•ARTICLE•West European Politics•1996•Citada por: 65•Referências: 3

    The European Court has emerged as one of the most powerful political institutions in the European Union and the most influential international court in existence. National courts are the linchpins of the European legal system, making European Court decisions enforceable and creating an independent power base for the European Court. This article examines why national courts agreed to take on a role enforcing European law supremacy against their ow…

  • Who Are the “Masters of the Treaty

    Open Access•Karen J Alter•ARTICLE•International Organization•1998•Citada por: 124•Referências: 7

    To what extent can the European Court of Justice, an international court, make decisions that go against the interests of European Union member states? Neofunctionalist accounts imply that because the Court is a legal body it has vast political autonomy from the member states, whereas neorealist accounts imply that because member states can sanction the ECJ, the Court has no significant political autonomy. Neither theory can explain why the Court…

  • The European Union's Legal System and Domestic Policy

    Open Access•Karen J Alter•ARTICLE•International Organization•2000•Citada por: 60

    Under what conditions do domestic actors use international legal mechanisms to influence domestic policy? Drawing on the European case, where legalization has progressed the furthest, I develop a generalizable framework for explaining variation in the use of the European Union's legal system by domestic actors to influence national policy. Four steps are involved in using the European legal process to pressure for policy change: (1) there must be…

  • Explaining Variation in the Use of European Litigation Strategies

    Open Access•Karen J Alter, JEANNETTE VARGAS et al.•ARTICLE•Comparative Political Studies•2000•Citada por: 83•Referências: 24

    Through the examination of one of the most successful cases of a European Community (EC) law litigation strategy, this article develops a general framework for understanding when and how the EC legal system will be successfully used by domestic groups to challenge national policy. The authors show how the European legal system actually shifted the domestic balance of power in favor of equality actors, allowing a previously weak domestic group to …

  • Establishing the Supremacy of European Law

    Stanley Hoffmann, Karen J Alter•REVIEW•Foreign Affairs•2002

    1. The Making of an International Rule of Law in Europe 2. National Judicial Interests and the Process of Legal Integration in Europe 3. German Judicial Acceptance of European Law Supremacy 4. French Judicial Acceptance of European Law Supremacy 5. Winning Political Support: Why Did National Governments Accept a Judicial Revolution that Transferred Away National Sovereignty? 6. The Transformation of the European Legal System and the Rule of Law i…

  • Law, Political Science and EU Legal Studies

    Open Access•Karen J Alter, Renaud Dehousse et al.•ARTICLE•European Union Politics•2002•Citada por: 4•Referências: 18

  • The Making of an International Rule of Law in Europe

    Karen J Alter•CHAPTER•Establishing the Supremacy of…•2003

  • National Judicial Interests and the Process Legal Integration in Europe

    Karen J Alter•CHAPTER•Establishing the Supremacy of…•2003

  • French Judicial Acceptance of European Law Supremacy

    Karen J Alter•CHAPTER•Establishing the Supremacy of…•2003

    Among the original member states, French national courts had the hardest time embracing the European Court of Justice's (ECJ) supremacy doctrine. It took until 1989 for all three of France's supreme courts to accept a role enforcing European law supremacy, and there were significant enduring disagreements between these on this issue. There were also a number of challenges to the ECJ's jurisprudece and authority during the twenty-five-year process…

  • The Transformation of the European Legal System and the Rule of Law in Europe

    Karen J Alter•CHAPTER•Establishing the Supremacy of…•2003

  • German Judicial Acceptance of European Law Supremacy

    Karen J Alter•CHAPTER•Establishing the Supremacy of…•2003

    Germany is a clear example of how judicial rivalries and divergent judicial preferences regarding European legal issues have shaped the process of doctrinal change. Divergent preferences created a dynamic of legal integration that both propelled the expansion of European law into the national sphere and created limits to its reach in the national sphere. While full doctrinal agreement has not been achieved, German courts and the political actors …

  • Winning Political Support

    Karen J Alter•CHAPTER•Establishing the Supremacy of…•2003

    This chapter explains how the European Court of Justice (ECJ) succeeded in transforming the European legal system against the will of member states. Section I explains how the ECJ escaped member state control to orchestrate an institutional transformation that national governments did not desire. Section II explains why member states could not reassert control and change the system back to what they originally planned. Section III considers when …

  • Establishing the Supremacy of European Law

    Karen J Alter•BOOK•Establishing the Supremacy of…•2003•Citada por: 67

    The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and the autonomous influence of law and legal rulings extends into the political process itself. The European legal system was not always so effective at influencing state behaviour and compelling compliance. Indeed the European Community's original lega…

  • Resolving or Exacerbating Disputes? The WTO's New Dispute Resolution System

    Open Access•Karen J Alter•ARTICLE•International Affairs•2003•Citada por: 8

    In 1995 the dispute resolution system of the WTO was transformed to make it more effective in enforcing WTO rules. Ironically, the improvements in the system have contributed directly to greater conflict in the WTO. How can improving a system to resolve disputes actually exacerbate conflict? This article identifies a number of conflict-enhancing consequences of the change in the dispute resolution mechanism. Conflict is not bad per se. Indeed, if…

  • Trading Voices

    Open Access•Karen J Alter•ARTICLE•Perspectives on Politics•2006

    Trading Voices: The European Union in International Commercial Negotiations. By Sophie Meunier. Princeton: Princeton University Press, 2005. 248p. $35. One often hears that integration in Europe magnifies the political voice of European countries on the international scene. The larger size of the European Union market surely makes investment in any particular European country more attractive, and importers are certainly more eager to satisfy a re…

  • Nested and overlapping regimes in the transatlantic banana trade dispute

    Karen J Alter, Sophie Meunier-Aitsahalia et al.•ARTICLE•Journal of European Public Policy•2006•Citada por: 38•Referências: 15

    The decade long trans-Atlantic banana dispute was not a traditional trade conflict stemming from antagonistic producers’ interests. Instead, this article argues that the banana dispute is one of the most complex illustrations of the legal and political difficulties created by the nesting and overlapping of international institutions and commitments. The contested Europe-wide banana policy was an artifact of nesting--the fruit of efforts to reconc…

  • Private Litigants and the New International Courts

    Open Access•Karen J Alter•ARTICLE•Comparative Political Studies•2006•Citada por: 25•Referências: 25

    Scholars expect International Courts (ICs) with private access and compulsory jurisdiction to be more independent and effective. This article shows a trend of creating and using ICs with compulsory jurisdiction and private access, using as evidence the founding statutes and usage rates of 20 ICs created since 1945. Analyzing where and for what private actors are granted access to ICs, the author finds that what is driving the expansion of private…

  • Agents or Trustees? International Courts in their Political Context

    Open Access•Karen J Alter•ARTICLE•European Journal of International…•2008•Citada por: 31•Referências: 41

    In International Relations applications, theorists employing Principal— Agent (P—A) theory have posited that the fact of delegation defines a relationship between states (collective Principals) and international organizations (Agents) where recontracting threats are the predominant way states influence IOs. Developing a category of delegation to international Trustees, I argue that recontracting tools will be both harder to use and less effective…

  • Islands of Effective International Adjudication

    Open Access•Laurence R Helfer, Karen J Alter et al.•ARTICLE•American Journal of International…•2009•Citada por: 8•Referências: 19

    Forty years ago, the small and underdeveloped nations on the mountainous western edge of South America formed a regional integration pact to promote economic growth, regulate foreign investment, and harmonize national laws. Overall, their enterprise has not turned out well. Riven by political schisms, economic shocks, and weak domestic legal and judicial systems, the five principal countries of the Andean Community—Bolivia, Colombia, Ecuador,Peru…

  • The Politics of International Regime Complexity

    Open Access•Karen J Alter, Sophie Meunier•ARTICLE•Perspectives on Politics•2009•Citada por: 343•Referências: 59

    The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of this “international regime complexity” for subsequent politics. What analytical insights can be gained by thinking about any single agreement as being embedded in …

  • Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice

    Open Access•Karen J Alter, Laurence R Helfer•ARTICLE•International Organization•2010•Citada por: 38•Referências: 50

    Are international courts power-seeking by nature, expanding the reach and scope of international rules and the courts' authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ's jurisdictional cousin and the third …

  • The Evolving International Judiciary

    Open Access•Karen J Alter•ARTICLE•Annual Review of Law and Social…•2011•Citada por: 9•Referências: 31

    This article explains the rapid proliferation in international courts first in the post–World War II and then the post–Cold War eras. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments i…

  • The Global Spread of European Style International Courts

    Karen J Alter•ARTICLE•West European Politics•2011•Citada por: 33•Referências: 7

    Europe created the model of embedded international courts (ICs) where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European style ICs: there are now 11 operational copies of the European Court of Justice (ECJ), and a number of ICs that do not copy the ECJ but use Europe'…

  • Transplanting the European Court of Justice

    Karen J Alter, Karen Alter et al.•ARTICLE•The American Journal of…•2012•Citada por: 5•Referências: 17

    Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplan…

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