Discussion Groups provide an in-depth discussion of a topic by a small group of invited discussants selected in advance by the Annual Meeting Program Committee. In addition to the invited discussants, additional discussants were selected through a Call for Participation. There will be limited seating for audience members to observe the discussion groups on a first-come, first-served basis.
Investigations into
Russian interference in the 2016 U.S. presidential election are currently
dominating the news. Yet, foreign interference in other nations’ electoral
politics is not limited to recent years, and Russia is not the only country
that attempts to influence elections. In fact, the United States itself has
engaged in covert and overt attempts to influence other elections. This
discussion group will explore the legal and policy issues raised by such
interference. Among the questions we hope to address are: (1) Is there any
accepted customary international law regarding what are unacceptable efforts to
influence elections outside of one’s borders? What players are subject to such
laws and what remedies can nations pursue if they are victims of interference
that violates international law? (2) How do laws in different nations attempt
to limit the influence of foreign nations and parties? (3) Do the principles
underlying freedom of speech (the marketplace of ideas) extend to efforts by
those outside of the nation to influence elections (even if specific domestic
protections do not apply)? Do efforts by those outside the nation to influence
elections, if successful, undermine the democratic legitimacy of the outcome?