@article{struett_2022, title={The "Third" United Nations: How a Knowledge Ecology Helps the UN Think}, volume={36}, ISSN={["1747-7093"]}, DOI={10.1017/S0892679422000132}, abstractNote={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.}, number={1}, journal={ETHICS & INTERNATIONAL AFFAIRS}, publisher={Cambridge University Press (CUP)}, author={Struett, Michael J.}, year={2022}, pages={111–114} } @article{struett_2017, title={Reading and Writing Constructivist Research in American Political Science}, volume={50}, ISSN={["1537-5935"]}, url={http://www.scopus.com/inward/record.url?eid=2-s2.0-85008481828&partnerID=MN8TOARS}, DOI={10.1017/s1049096516002195}, abstractNote={© American Political Science Association, 2017 PS • January 2017 79 ........................................................................................................................................................................................................................................................................................................ ........................................................................................................................................................................................................................................................................................................}, number={1}, journal={PS-POLITICAL SCIENCE & POLITICS}, publisher={Cambridge University Press (CUP)}, author={Struett, Michael J.}, year={2017}, month={Jan}, pages={79–83} } @article{comtois_2015, title={Maritime Piracy and the Construction of Global Governance, Michael J. Struett, Jon D. Carlson et Mark T. Nance, 2013, New York Routledge, 226 p.}, volume={46}, DOI={10.7202/1037293ar}, abstractNote={Maritime Piracy and the Construction of Global Governance, Michael J. Struett, Jon D. Carlson et Mark T. Nance, 2013, New York Routledge, 226 p.. Un article de la revue Études internationales (Les Études internationales et les défis de l’interdisciplinarité) diffusée par la plateforme Érudit.}, number={4}, journal={Études internationales}, publisher={Consortium Erudit}, author={Comtois, Claude}, year={2015}, pages={560} } @book{struett_carlson_nance_2013, title={Maritime piracy and the construction of global governance}, url={http://www.scopus.com/inward/record.url?eid=2-s2.0-84906422488&partnerID=MN8TOARS}, DOI={10.4324/9780203111550}, abstractNote={1: Constructing Pirates, Piracy, and Governance: An Introduction, Michael Struett and Mark Nance Section 1: Constructions through Law 2: Cicero's Ghost: Rethinking the Social Construction of Piracy, Harry Gould 3: A Global War on Piracy: International Law and the Use of Force Against Sea Pirates, Eric Heinze 4: Maritime Piracy and the Impunity Gap: Domestic Implementation of International Treaty Provisions, Yvonne Dutton Section 2: Constructions through Institutions 5. Security Communities, Alliances, and Macrosecuritization: The Practices of Counter-Piracy Governance, Christian Bueger and Jan Stockbruegger 6. Conflicting Constructions: Maritime Piracy and Cooperation under Regime Complexes, Mark Nance and Michael Struett 7. Frame, Humanitarianism, and Legitimacy: Explaining the Anti-Piracy Regime in the Gulf of Aden, Kevin McGahan and Terence Lee Section 3: Rethinking the Construction of Global Governance for Maritime Piracy 8. The limit(ation)s of International Society? The English School, Somali Pirates and the burdens of interpretation, Brent Steele 9. Conclusion, Bruce Cronin}, journal={Maritime Piracy and the Construction of Global Governance}, author={Struett, M.J. and Carlson, J.D. and Nance, M.T.}, year={2013}, pages={1–226} } @book{struett_carlson_nance_2013, title={Maritime piracy and the construction of global governance}, publisher={New York: Routledge}, year={2013} } @article{struett_nance_armstrong_2013, title={Navigating the Maritime Piracy Regime Complex}, volume={19}, ISSN={["1942-6720"]}, url={http://www.scopus.com/inward/record.url?eid=2-s2.0-84867116628&partnerID=MN8TOARS}, DOI={10.1163/19426720-01901008}, abstractNote={Maritime piracy is one of the oldest subjects of international law and recently it has reemerged as a serious threat to commerce and security. While states have become more engaged in punishing and preventing piracy, efforts as a whole have been poorly organized, ad hoc, mostly unilateral, slow to develop, and only minimally effective. This is true despite the existence of a regime complex that supposedly promotes effective cooperation on the issue. What explains the insufficient response to this rising economic and security threat? This article argues that the regime complex itself is a major part of the problem. It examines specifically four core elemental regimes that are identifiable by their key texts or organizations: the UN Convention on the Law of the Sea, the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, the International Maritime Organization, and the International Maritime Bureau. This analysis adopts a perspective that emphasizes how these different...}, number={1}, journal={GLOBAL GOVERNANCE}, publisher={Brill}, author={Struett, Michael J. and Nance, Mark T. and Armstrong, Diane}, year={2013}, pages={93–104} } @article{struett_2012, title={Lara J. Nettelfield, courting democracy in Bosnia and Herzegovina: The Hague tribunal's impact in a postwar state (New York: 2010: Cambridge University Press). A comment}, volume={36}, url={http://www.scopus.com/inward/record.url?eid=2-s2.0-84858252552&partnerID=MN8TOARS}, DOI={10.1163/187633312X617002}, abstractNote={"Lara J. Nettelfield, Courting Democracy in Bosnia and Herzegovina: The Hague Tribunal’s Impact in a Postwar State (New York: 2010: Cambridge University Press). A Comment" published on 01 Jan 2012 by Brill | Schöningh.}, number={1}, journal={Southeastern Europe}, publisher={Brill Deutschland GmbH}, author={Struett, Michael J.}, year={2012}, pages={111–117} } @article{struett_2012, title={Why the International Criminal Court Must Pretend to Ignore Politics}, volume={26}, ISSN={0892-6794 1747-7093}, url={http://dx.doi.org/10.1017/S0892679412000044}, DOI={10.1017/s0892679412000044}, abstractNote={Since the International Criminal Court (ICC) prosecutes crimes of mass violence that are inherently political in nature, its actions will inevitably have political consequences about which the prosecutor and judges should be as well informed as possible. As some of the other contributors to this roundtable note, the ICC's actions and inactions may even have life-and-death consequences in the real world. It is ethically irresponsible for the ICC's officers to ignore those concerns. At the same time, the court's moral and legal authority derives entirely from its claim that it applies universal rules wherever it has jurisdiction. In order for the International Criminal Court to build legitimacy over time, it must both act and be seen to act in a neutral way that transcends political pressures. Rule-of-law courts do not derive their authority from their ability to command the use of force. Nor do they have the legitimacy of elected political officials who act as the representatives of a political community. The legitimacy of courts is a function of their claim to uphold universal rules of law that the community has chosen to adopt, regardless of whether doing so is popular or even prudent in a particular case with particular constituencies. Consequently, court officers in their formal actions—including prosecutorial requests for investigations, issuing arrest warrants, and filing charges, as well as in the judges' decisions on those questions—should always ground the rationale for their decisions in the pretense that they act only to uphold the law and without regard for political considerations.}, number={1}, journal={Ethics & International Affairs}, publisher={Cambridge University Press (CUP)}, author={Struett, Michael J.}, year={2012}, pages={83–92} } @article{roach_2010, title={Building the International Criminal Court. By Benjamin N. Schiff. New York: Cambridge University Press, 2008. 320p. $25.99. - The Politics of Constructing the International Criminal Court: NGOs, Discourse, and Agency. By Michael J. Struett. New York: Palgrave Macmillan, 2008. 240p. $85.00.}, volume={8}, DOI={10.1017/s153759271000112x}, abstractNote={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.}, number={2}, journal={Perspectives on Politics}, publisher={Cambridge University Press (CUP)}, author={Roach, Steven C.}, year={2010}, month={Jun}, pages={722–724} } @misc{struett_2009, title={Ethics and Agency in International Organizations}, volume={11}, ISSN={["1521-9488"]}, DOI={10.1111/j.1468-2486.2009.00897.x}, abstractNote={The UN Secretary-General and Moral Authority: Ethics & Religion and International Leadership. By Kent J. Kille. Washington D.C.: Georgetown University Press, 2007. 384 pp., $29.95 paperback (ISBN 978-1-58901-180-9). Political Ethics and the United Nations: Dag Hammarskjold as Secretary-General. By Manuel Frohlich. New York: Routledge, 2008. 272 pp., $170.00 hardcover (ISBN: 978-0-415-44532-0). Global Accountabilities: Participation, Pluralism, and Public Ethics. By Ebrahim Alnoor, Weisband Edward. Cambridge, UK: Cambridge University Press, 2007. 366 pp., $39.99 paperback (ISBN-13: 978-0-521-70011-5). Religious views, ethical frameworks, and normative considerations certainly impact outcomes in world politics. Still, social scientists have tended to shy away from systematic examination of the question of the role of ethics in shaping political behavior. The same cannot be said of each of the three volumes under consideration here. All these books seek to analyze the relationship between ethics and the political processes of global governance. Kent Kille's edited volume, The UN Secretary General and Moral Authority, and Manuel Frohlich's book, Political Ethics and the United Nations, both focus on the ways that personal ethics impact leadership from the office of the UN Secretary-General, and the latter book focuses more specifically on the ethics and political life of Dag Hammarskjold. The third volume, Global Accountabilities edited by Alnoor Ebrahim and Edward Weisband, takes a broader view of ethics and accountability in global governance processes and argues that such ethical accountability cannot be grounded solely in rationalist prescriptions for principal–agent relationships. As Kille acknowledges, the approach to moral agency in his volume is decidedly focused on the Secretary-Generals as individuals, rather than on the moral agency of international institutions as such. The same is true of the Frohlich volume. Thus, these books do not directly address the question of whether or not institutions themselves can have ethical and moral consequences. Indeed, the relationship between the ethics of individuals and the ethics of institutions that themselves act as agents is an important one that has received increased scholarly attention in recent years (Frost 1996; Erskine 2003). Still, these books also make a contribution to our understanding of the ethical foundations of the UN institution itself. That is because there is a sense in which the United Nations Secretary-General acts as a personification of UN ideals and principles. Consequently, the personal …}, number={4}, journal={INTERNATIONAL STUDIES REVIEW}, publisher={Oxford University Press (OUP)}, author={Struett, Michael J.}, year={2009}, month={Dec}, pages={766–772} } @book{struett_2009, title={The Politics of Discursive Legitimacy: Understanding the Dynamics and Implications of Prosecutorial Discretion at the International Criminal Court}, url={http://www.scopus.com/inward/record.url?eid=2-s2.0-84921629066&partnerID=MN8TOARS}, DOI={10.1093/acprof:oso/9780199546732.003.0005}, abstractNote={Abstract}, journal={Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court}, author={Struett, M.J.}, year={2009} } @article{struett_2009, title={War Crimes Trials and the Just War Tradition}, DOI={10.1057/9780230101791_5}, abstractNote={The discourses surrounding the development of the just war tradition and the discourse surrounding the development of international criminal law have long influenced one another.1 Walzer reminds us that Grotius and Pufendorf deliberately incorporated just war theory into International law.2 Still, the international criminal law and just war discourses are conceptually and practically very distinct, and few participants in either discourse directly utilize the terms of the other.3 In what follows, I argue that each discourse needs the other. Recent rapid developments in the field of international criminal law have the potential to remake the just war tradition by institutionalizing criminal accountability for the most egregious violators of just war norms. That is only possible, however, to the extent that international criminal law tends to codify norms that reflect the moral principles of the just war tradition.}, journal={Ethics, Authority, and War}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2009}, pages={101–121} } @article{struett_2008, title={Building the Rome Statute: 1998}, DOI={10.1057/9780230612419_6}, abstractNote={In 1998, the complexity of the International Criminal Court discourse grew exponentially. Prior to that time, relatively few diplomats, NGO activists, and legal scholars were engaged in the ongoing debates about whether or not to establish an ICC and how to go about doing so. One crucial consequence of the approach of the Rome conference scheduled for June 1998 was that many more people began to discuss and take positions on the ICC issue. For the first time, the developments in the ICC negotiations began to be covered regularly by major newspapers. Consequently, it became much more difficult for any single participant in the ICC discourse to remain fully aware of the positions being taken by all of the other interlocutors in the ICC debate. Also, the supporters of the ICC project quickly realized that delicate compromises worked out in the early stages of the negotiations could become vulnerable to collapse as more individuals, generally with less expertise in the field of international criminal law, began to examine the issues at stake in the proposed ICC statute.}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={109–129} } @article{struett_2008, title={Context: An Opening for an International Criminal Court; 1989–1994}, DOI={10.1057/9780230612419_4}, abstractNote={In order to demonstrate that the discursive practices of nongovernmental organizations had a decisive impact in shaping the Rome Statute for an International Criminal Court, we must begin with a prior task. That is to try to outline, however briefly, the political and discursive context in which NGOs initially presented their arguments. Only with a sense of those background conditions can we show the ways that arguments presented by the NGOs pushed the ICC discourse toward an outcome that seemed very unlikely at the initial stages of the process. To establish this political context empirically, we must examine the widely held beliefs and perceptions held by knowledgeable actors at the time about whether or not an ICC was feasible or desirable, what purposes its establishment might serve, and what substantial political hurdles existed in the effort to build such a court. These are intersubjective beliefs, and the evidence for them are the statements of the relevant actors at the time and subsequently. In the later analysis of the ICC discourse, I draw on the tradition of narrative explanation, which places facts in relationship to one another in an effort to demonstrate the connections between them (Ruggie 1998, p. 94).2}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={67–81} } @article{struett_2008, title={Discursive Limits: The Failure to Establish an International Criminal Court; 1946–1954}, DOI={10.1057/9780230612419_3}, abstractNote={Why did efforts to set up an International Criminal Court in the 1950s fail and then succeed in the late 1990s? In order to account for this difference, I will examine the discursive practices of both states and NGOs with reference to punishing war crimes in the two periods in light of the international political context in each period. A full appreciation of the political and juridical accomplishments embodied in the establishment of the ICC in 2002 requires an understanding of the challenges that this project faced in previous decades. Understanding the reasons why the effort to establish an ICC failed in the 1950s can help us to appreciate the obstacles that were overcome by ICC negotiators in the 1990s. It also helps us to understand the birth pains that the ICC is now experiencing and the structural limitations that the ICC is facing because it is constituted as part of the interstate legal system. This chapter offers an analysis of the breakdown in the 1950s negotiating process and highlights the challenge of enforcing criminal law in the sovereignty-based international legal system.}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={49–65} } @article{struett_2008, title={Negotiations: NGOs Shape the Terms of the ICC Debate; 1995–1998}, DOI={10.1057/9780230612419_5}, abstractNote={Part of my argument about the nongovernmental organizations' role is that NGOs' discursive practices in some cases helped to establish which topoi or shared premises became beginning points for the ICC negotiations. In Chapter 2, I explained the concept of topoi and their importance in the approach to discourse analysis undertaken in this study. By using and repeating arguments that drew on particular topoi, the discursive practices of NGOs helped to cement the place of these topoi in the wider discourse on the International Criminal Court. As anyone who has ever tried to trace a history of the evolution of ideas knows, it is extremely difficult to identify who presents a particular argument first in time. My claim about NGO discourse and use of these topoi is generally more modest. NGOs were not always the first to use these topoi in their arguments, but they did repeat them with frequency and regularity at early stages. Moreover, through process-tracing analysis, I show that these NGO arguments frequently were picked up by other speakers, including state delegates. Once these topoi gained broad acceptence, only arguments that were based on these premises were accepted by most negotiators as rational possibilities. Additionally, the delegates negotiating the ICC on behalf of states all accepted that the legitimacy of their project would ultimately depend on appeals to reason rather than force or other power resources. Delegates generally were not prepared to create an ICC that would be forcibly imposed on societies unwilling to subject themselves to the new international court's authority.}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={83–107} } @article{struett_2008, title={Norm Contestation in World Politics: Civil Society, States, and Discourse}, DOI={10.1057/9780230612419_2}, abstractNote={How do the norms of world politics change? How can new norms come to be institutionalized? This book examines the political process of norm contestation and development. Norms are contested both through discourse and through practice. Norms govern virtually every aspect of human behavior, including the conduct of world politics.}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={13–48} } @article{struett_2008, title={Postscript: Construction Continues}, DOI={10.1057/9780230612419_9}, abstractNote={Habermas’s theory of democracy creates an interesting tension between the boundary of the political community and the preservation of democratic decision making itself (Hayward 2007). This creates a particular challenge when applying his thoughts on the legitimacy of law to the international arena because it is difficult to conceptualize the boundaries of world citizenship. He writes, “Unlike moral rules, legal rules do not norm possible interactions between communicatively competent subjects in general but the interaction contexts of a concrete society (Habermas 1996, p. 124).}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={179–182} } @article{struett_2008, title={Principled Discourse and the Drive for Ratification: 1998–2002}, DOI={10.1057/9780230612419_7}, abstractNote={In the immediate aftermath of the Rome conference in 1998, it was not at all clear how many states would be willing to ratify the ICC statute, and when, if ever, the sixtieth ratification would occur, triggering the entry into force of the Rome Statute.2 NGOs, once they decided that the ultimate compromises in the Rome Statute were ones that they could accept, decided to mobilize a worldwide campaign to secure signatures and ratifications of the Rome Statute.}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={131–150} } @article{struett_2008, title={The Legitimacy of the International Criminal Court}, DOI={10.1057/9780230612419_8}, abstractNote={War crimes, crimes against humanity, and genocide are inherently political offenses, so both legal and political factors come into play when the ICC prosecutor makes choices about whether or not to prosecute these crimes. A crucial question, then, is how much institutional legitimacy the new International Criminal Court can expect to enjoy.KeywordsSecurity CouncilRome StatuteState PartyTransitional JusticeSovereign StateThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={151–178} } @article{struett_2008, title={The Meaning of the International Criminal Court}, DOI={10.1057/9780230612419_1}, abstractNote={The International Criminal Court (ICC) is now operational. What is the meaning of this innovation in global governance? Most concretely, the ICC will mean prosecution and jail time for some individuals who commit war crimes, crimes against humanity, or genocide, as defined in international law. In a larger sense, though, what role will this institution play in bringing to bear the rule of law in the context of war? The answer depends not just on the details and limitations of the first few cases that will be heard by the new court, but on the long-term institutionalization of this supranational institution with the power to punish some of the world’s most abhorrent crimes.}, journal={The Politics of Constructing the International Criminal Court}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={1–12} } @book{struett_2008, title={The Politics of Constructing the International Criminal Court}, ISBN={9781349372270 9780230612419}, url={http://dx.doi.org/10.1057/9780230612419}, DOI={10.1057/9780230612419}, abstractNote={This book examines the political process that led to the establishment of the International Criminal Court in 2002. It accounts for the main features of the court, including its strong, independent pr}, publisher={Palgrave Macmillan US}, author={Struett, Michael J.}, year={2008}, pages={1–223} } @article{struett_2007, title={Politicizing the International Criminal Court: The Convergence of Politics, Ethics, and Law}, volume={5}, ISSN={1537-5927 1541-0986}, url={http://dx.doi.org/10.1017/S1537592707071411}, DOI={10.1017/s1537592707071411}, abstractNote={Politicizing the International Criminal Court: The Convergence of Politics, Ethics, and Law. By Steven C. Roach. Lanham, MD: Rowman & Littlefield, 2006. 213p. $75.00 cloth, $26.95 paper. No political scientist predicted that the world would witness the establishment of an International Criminal Court (ICC) by 2002, and as of yet, there are few compelling explanations for this phenomenon. Steven Roach addresses the next set of questions that the ICC raises for political scientists, namely, how it will impact international political outcomes, and how it will be forced to cope with pressures from states and other actors. Roach's work is an important first step toward a political understanding of the role of the ICC in world politics and demonstrates political scientists' growing interest in international law.}, number={2}, journal={Perspectives on Politics}, publisher={Cambridge University Press (CUP)}, author={Struett, Michael J.}, year={2007}, month={May}, pages={415–416} } @article{struett_2004, title={Ngos, the International Criminal Court, and the Politics of Writing International Law}, DOI={10.1007/978-94-017-6192-5_12}, journal={Governance and International Legal Theory}, publisher={Springer Netherlands}, author={Struett, Michael J.}, year={2004}, pages={321–353} } @article{struett_2004, title={The meaning of the International Criminal Court}, volume={16}, ISSN={1040-2659 1469-9982}, url={http://dx.doi.org/10.1080/1040265042000278559}, DOI={10.1080/1040265042000278559}, abstractNote={The International Criminal Court (ICC) is now operational. What is the meaning of this innovation in global governance? Most concretely, the ICC will mean prosecution and jail time for some individuals who commit war crimes, crimes against humanity, or genocide, as defined in international law. In a larger sense, though, what role will this institution play in bringing to bear the rule of law in the context of war? The answer depends not just on the details and limitations of the first few cases that will be heard by the new court, but on the long-term institutionalization of this supranational institution with the power to punish some of the world’s most abhorrent crimes.}, number={3}, journal={Peace Review}, publisher={Informa UK Limited}, author={Struett, Michael}, year={2004}, month={Sep}, pages={317–321} }