Mitchell, Sara McLaughlin and Emilia Justyna Powell. Domestic Law Goes Global: Legal Traditions and International Courts. Forthcoming, Cambridge University Press (2011).
Abstract: We develop a rational legal design theory of international adjudication to explain variation in state support for international courts. The initial negotiators of new courts, the originators, design international courts in ways that are politically and legally optimal. States that join standing international courts, the joiners, look to the court’s legal rules and procedures to assess the ability of the court to be capable, fair, and unbiased. We demonstrate that the characteristics of civil law, common law, and Islamic law influence states’ acceptance of the jurisdiction of international courts, the durability of states’ commitments to international courts, and the design of states’ commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules. The book’s empirical analyses cover two prominent international courts: the (Permanent) International Court of Justice and the International Criminal Court.
Table of Contents: Chapter 1: The Creation and Expansion of International Courts; Chapter 2: Major Legal Traditions of the World; Chapter 3: A Rational Legal Design Theory of International Adjudication; Chapter 4: Domestic Legal Traditions and the Creation of the International Criminal Court; Chapter 5: Domestic Legal Traditions and State Support for the World Court; Chapter 6: The Rational Design of State Commitments to International Courts; Chapter 7: The Consequences of Support for International Courts; Chapter 8: Conclusion
Ellis, Glynn, Sara McLaughlin Mitchell, and Brandon C. Prins. 2010. “How Democracies Keep the Peace: Contextual Factors That Influence Conflict Management Strategies.” Forthcoming, Foreign Policy Analysis. Download the paper in pdf format here.
Mitchell, Sara McLaughlin and Cameron G. Thies. "Issue Rivalries." Forthcoming, Conflict Management and Peace Science, 2011. Download the paper in pdf format here.
Mitchell, Sara McLaughlin and Paul R. Hensel. "Issues and Conflict", in Tor Georg Jakobsen(ed.), War: An Introduction to Theories and Research on Collective Violence. Hauppauge, NY: Nova Science Publishers, Inc (forthcoming). Download the chapter in pdf format here.
Crescenzi, Mark J.C., Kelly M. Kadera, Sara McLaughlin Mitchell, and Clayton L. Thyne. "A Supply Side Theory of Mediation." Forthcoming, International Studies Quarterly, December 2011. Download the paper in pdf format here.
Neda A. Zawahri and Sara McLaughlin Mitchell. "Fragmented Governance of International Rivers: Negotiating Bilateral versus Multilateral Treaties." Forthcoming, International Studies Quarterly. Download the paper in pdf format here.
Mitchell, Sara McLaughlin and Clayton L. Thyne. "Contentious Issues as Opportunities for Diversionary Behavior." Forthcoming, Conflict Management and Peace Science. Download the paper in pdf format here. Replication data can be obtained here.
Mitchell, Sara McLaughlin and Emilia Justyna Powell. 2009. "Legal Systems and Variance in the Design of Commitments to the International Court of Justice." Conflict Management and Peace Science 26(2): 164-190. Download the paper in pdf format here.
Mitchell, Sara McLaughlin, Kelly M. Kadera, and Mark J.C. Crescenzi. 2008. Mitchell, Sara McLaughlin, Kelly M. Kadera, and Mark J.C. Crescenzi. "Practicing Democratic Community Norms: Third Party Conflict Management and Successful Settlements", in Jacob Bercovitch and Scott Sigmund Gartner (eds.), International Conflict Mediation: New Approaches and Findings. Routledge. Download the paper in pdf format here.
Hensel, Paul R., Sara McLaughlin Mitchell, Thomas E. Sowers II, and Clayton L. Thyne. 2008. "Bones of Contention: Comparing Territorial, Maritime, and River Issues." Journal of Conflict Resolution, 52(1): 117-143. You can download the paper here, and the replication dataset and web appendix on Paul Hensel's website here.
Hansen, Holley, Sara McLaughlin Mitchell, and Stephen C. Nemeth. 2008. "IO Mediation of Interstate Conflicts: Moving Beyond the Global vs. Regional Dichotomy." Journal of Conflict Resolution, 52(2): 295-325. You can download the paper in pdf format here.
Mitchell, Sara McLaughlin and Paul R. Hensel. 2007. "International Institutions and Compliance with Agreements." American Journal of Political Science 51(4):721-737. You can download the paper in pdf format here and access the web appendix here. Also visit our ICOW webpage at www.icow.org.
Powell, Emilia Justyna and Sara McLaughlin Mitchell. 2007. "The International Court of Justice and the World's Three Legal Systems." Journal of Politics 69(2):397-415. You can download the paper in pdf format here and the online appendix here.
Hensel, Paul R., Sara McLaughlin Mitchell, and Thomas E. Sowers II. 2006. "Conflict Management of Riparian Disputes." Political Geography, 25(4): 383-411. You can download the paper in pdf format here.
Hensel, Paul R. and Sara McLaughlin Mitchell. 2005. "Issue Indivisibility and Territorial Claims." GeoJournal 64(4): 275-285. You can download the paper in pdf format here.
Kadera, Kelly M. and Sara McLaughlin Mitchell. 2005. "Heeding Ray's Advice: An Exegesis on Control Variables in Systemic Democratic Peace Research." Conflict Management and Peace Science, 22(4): 311-326. You can download the paper in pdf format here.
Mitchell, Sara McLaughlin and Brandon C. Prins. 2004. "Rivalry and Diversionary Uses of Force." Journal of Conflict Resolution, 48(6):937-961. You can download the paper in pdf format here. A replication dataset in zipped format is available, along with documentation.
Mitchell, Sara McLaughlin. 2002. "A Kantian System? Democracy and Third Party Conflict Resolution." American Journal of Political Science, 46(4):749-759. You can download the paper in pdf format here. You can download the files for replication here.
Leeds, Brett Ashley, Jeffrey M. Ritter, Sara McLaughlin Mitchell, and Andrew G. Long. 2002. "Alliance Treaty Obligations and Provisions, 1815-1944." International Interactions, 28(3): 237-260. This paper describes the data collected by the ATOP data and replicates a recent alliance study by Lai and Reiter (2000). You can download the paper in pdf format here. Data for replication can be found here.
Leeds, Brett Ashley, Andrew G. Long, and Sara McLaughlin Mitchell. 2000. "Reevaluating Alliance Reliability: Specific Threats, Specific Promises." Journal of Conflict Resolution, 44(5): 686-699. You can download the paper in pdf format here. Data for replication can be found here.
Mitchell, Sara McLaughlin and Will H. Moore. 2000. "Presidential Uses of Force During the Cold War: Aggregation, Truncation, and Temporal Dynamics." American Journal of Political Science. 46(2): 438-452. You can download the paper at the following website and find a link to our replication dataset.
Mitchell, Sara McLaughlin and Brandon Prins. 1999. Beyond Territorial Contiguity: Issues at Stake in Democratic Militarized Disputes. International Studies Quarterly, 43(1): 169-183.
Mitchell, Sara McLaughlin, Scott Gates, and Havard Hegre. 1999. "Evolution in Democracy-War Dynamics." Journal of Conflict Resolution , 43(6): 771-792. Download a copy of the paper in PDF format here.
McLaughlin, Sara; Scott Gates; Havard Hegre; Nils Petter Gleditsch; and Ranveig Gissinger. 1998. "Timing the Changes in Political Structures." Journal of Conflict Resolution, 42(2):231-42. A link to the paper and dataset is provided below under the Datasets section.
Mitchell, Sara McLaughlin and Cameron G. Thies. "Resource Curse in Reverse: Globalization, Natural Resource Production, and Civil War." Paper presented at the 2010 International Studies Association conference, New Orleans, and the Globalization and Natural Resources Conference, University of Pittsburgh, March 26, 2010. You can download the paper in pdf format here.
Lee, Hoon and Sara McLaughlin Mitchell. "Foreign Direct Investment and Territorial Disputes". Paper presented at the 2009 Peace Science Society conference, Chapel Hill, NC. Download the paper in pdf format here.
Ring, Jonathan, Sara McLaughlin Mitchell, and Mary K. Spellman. "Domestic Legal Traditions and States’ Human Rights Practices." Previous versions of this paper were presented at the 2008 ISA Midwest conference, St. Louis, and the 2009 MPSA conference, Chicago, IL. Download the paper in pdf format here.
Nemeth, Stephen C., Sara McLaughlin Mitchell, Elizabeth A. Nyman, and Paul R. Hensel. "UNCLOS, EEZs, and the Management of Maritime Claims." Paper presented at the 2007 International Studies Association meeting in Chicago, IL and the 2007 American Political Science Association meeting in Chicago, IL. Download the paper in pdf format here.
Mitchell, Sara McLaughlin. "Cooperation in World Politics: The Constraining and Constitutive Effects of International Organizations." Paper presented at the 2006 ISA meeting in San Diego and the IGOs in Action Conference in La Jolla, California, March 26-27, 2006. Download the paper in pdf format here.
Harrison, Ewan and Sara McLaughlin Mitchell. 2005 "Might Makes Right or Right Makes Might? Two Systemic Democratic Peace Tales." Paper presented at the 2007 ECPR Standing Group in International Relations Conference, Turin, Italy. You can download a copy of this paper here.
I am currently working with Paul Hensel on the collection of issue claim data for territorial, maritime, and river claims. Please visit our ICOW website.
I previously worked with Brett Ashley Leeds on the coding of ATOP data from 1816-1944. Please visit the ATOP website to download datasets and obtain more information .
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