Derek Jinks
The University of Texas at Austin, Law, Faculty Member
- A.W. Walker Centennial Chair in Law, University of Texas School of Lawedit
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Debates about how best to design international legal regimes inadequately attend to the ways in which law influences state behavior. As a consequence of this deficiency, much of international law is founded upon the flawed, and often... more
Debates about how best to design international legal regimes inadequately attend to the ways in which law influences state behavior. As a consequence of this deficiency, much of international law is founded upon the flawed, and often unexamined, assumption that effective legal regimes must either coerce or persuade target actors to comply with their requirements. In How to Influence States: Socialization and International Human Rights Law, we argue that (1) acculturation is a conceptually distinct social process through which law might influence state behavior; and (2) the elements of the acculturation process suggest several regime design characteristics unorthodox to human rights law. More generally, we maintain that the behavioral assumptions of international legal regimes must be more systematically theorized and investigated. Proper specification of the social mechanisms of law’s influence, we argue, would
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INTERNATIONAL HUMAN RIGHTS LAW AND THE WAR ON TERRORISM Derek Jinks' The September 11th terrorist attacks prompted a rethinking of the ... 2 (right to life), 3 (freedom from torture), 4 (freedom from slavery), and 7... more
INTERNATIONAL HUMAN RIGHTS LAW AND THE WAR ON TERRORISM Derek Jinks' The September 11th terrorist attacks prompted a rethinking of the ... 2 (right to life), 3 (freedom from torture), 4 (freedom from slavery), and 7 (retrospective effect of penal legislation)); ACHR ...
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... Indeed, it is unclear whether comparative textual analysis of tempo-rally remote AUMFs is terribly instructive, given that they are issued against the backdrop of, and best interpreted in light of, an evolving international regime.... more
... Indeed, it is unclear whether comparative textual analysis of tempo-rally remote AUMFs is terribly instructive, given that they are issued against the backdrop of, and best interpreted in light of, an evolving international regime. Professors Bradley and Goldsmith overstate the ...
In a world awash with human suffering and indignities, what is the purpose of epistemologica! critiques of international human rights? How is it exactly that these abstract conceptual debates intersect with concerns on the ground? One... more
In a world awash with human suffering and indignities, what is the purpose of epistemologica! critiques of international human rights? How is it exactly that these abstract conceptual debates intersect with concerns on the ground? One answer might be that ...
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... College of Law), Competition and Control in International Adjudication March 23: Janet Koven Levit (University of Tulsa College of Law), A Bottom-Up Approach to International Lawmaking: The Tale of Three Trade Finance Instruments... more
... College of Law), Competition and Control in International Adjudication March 23: Janet Koven Levit (University of Tulsa College of Law), A Bottom-Up Approach to International Lawmaking: The Tale of Three Trade Finance Instruments April 13: Derek Jinks (University of Texas ...
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Page 1. 396 THE AMERICANJOURNAL OF INTERNATIONAL LAW [Vol. 94 It comes as no surprise that the Council did not find faultwith the Statute on human rights grounds. The absence of a conflict between the Statute and the Constitution reflects... more
Page 1. 396 THE AMERICANJOURNAL OF INTERNATIONAL LAW [Vol. 94 It comes as no surprise that the Council did not find faultwith the Statute on human rights grounds. The absence of a conflict between the Statute and the Constitution reflects both the ...
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... The fight against terrorism. Autores: Derek Jinks; Localización: Collegium: news from the College of Europe = nouvelles du Collège d'Europe , ISSN 1371-0346, Nº. 40, 2010 , págs. 87-94. Fundación Dialnet. Acceso de usuarios... more
... The fight against terrorism. Autores: Derek Jinks; Localización: Collegium: news from the College of Europe = nouvelles du Collège d'Europe , ISSN 1371-0346, Nº. 40, 2010 , págs. 87-94. Fundación Dialnet. Acceso de usuarios registrados. ...
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The Geneva Conventions of 1949 govern automatically warfare as well as international and non-international armed conflicts. The applicability of the ‘law of war’ was previously delimited by formal acts of state such as a declaration of... more
The Geneva Conventions of 1949 govern automatically warfare as well as international and non-international armed conflicts. The applicability of the ‘law of war’ was previously delimited by formal acts of state such as a declaration of war or a formal ‘recognition of belligerency’, a formalistic approach that was significantly revised by the Geneva Conventions. This chapter examines the relationship between IHL and international human rights law (IHRL). It first discusses the nature of the ‘armed conflict’ inquiry and considers IHL aslex specialisdisplacing or qualifying the application of IHRL. It then outlines three fundamental respects in which thelex specialisclaim misconstrues or distorts IHL: IHL and affirmative authorization, ‘armed conflict’ as determinant of regime boundaries, and reciprocity and humanitarian protection as inducement for compliance. It argues that the very notion of competing legal frameworks is incompatible not only with the text, structure, and history of...
Page 1. Essays in Refusal: Pre-Theoretical Commitments in Postmodern Anthropology and Critical Race Theory Derek P. Jinks The necessity of reform mustn't be allowed to become a form of blackmail serving to limit, reduce... more
Page 1. Essays in Refusal: Pre-Theoretical Commitments in Postmodern Anthropology and Critical Race Theory Derek P. Jinks The necessity of reform mustn't be allowed to become a form of blackmail serving to limit, reduce or halt the exercise of criticism. ...