Abstract

In evaluating the role of international law, most scholarship focuses on how international laws, treaties and courts function and are enforced. However, to best understand how international laws are created, as well as how they are internalized within individual countries’ judicial systems, it is also necessary to look at the normative side of international law. This project applies the theory of transnational legal process to examine how recognized international norms are uniquely recognized by different legal systems. More specifically, I analyze how political culture affects the level of consistency between international privacy norms and domestic law through the study of judicial decisions from United States Supreme Court and the French Court of Cassation. I conclude that the cases studied indicate a correlation between political culture and the manner in which international privacy norms are recognized and applied. Although political culture does not lead to significantly different conceptions of privacy rights and the protections they deserve, it does affect the process through which understandings of privacy evolve in response to new technology.

Advisor

Lantis, Jeffrey

Second Advisor

Burch, Laura

Department

French and Francophone Studies; International Relations

Keywords

International Law, France, United States, Privacy, International Norms

Publication Date

2015

Degree Granted

Bachelor of Arts

Document Type

Senior Independent Study Thesis Exemplar

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© Copyright 2015 Mallory Kruper