Conflict Of Norms In Public International Law
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Conflict Of Norms In Public International Law
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Author : Joost Pauwelyn
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-31
Conflict Of Norms In Public International Law written by Joost Pauwelyn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-31 with Law categories.
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Irresolvable Norm Conflicts In International Law
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Author : Valentin Jeutner
language : en
Publisher: Oxford University Press
Release Date : 2017
Irresolvable Norm Conflicts In International Law written by Valentin Jeutner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Based on doctoral thesis, University of Cambridge, 2015. --Page vii.
Irresolvable Norm Conflicts In International Law
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Author : Valentin Jeutner
language : en
Publisher: Oxford University Press
Release Date : 2017-08-04
Irresolvable Norm Conflicts In International Law written by Valentin Jeutner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Law categories.
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Conflict Of Norms In A Fragmented International Legal System A Critical Analysis
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Author : P. R. Kalidhass
language : en
Publisher:
Release Date : 2014-05-21
Conflict Of Norms In A Fragmented International Legal System A Critical Analysis written by P. R. Kalidhass and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-21 with categories.
Master's Thesis from the year 2010 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A plus, Jawaharlal Nehru University, course: Master of Philosophy (M.Phil.), language: English, abstract: From the beginning of the twenty-first century the international community started addressing the issue of fragmentation of international law. In 2000, the International Law Commission (ILC) decided to include the topic "[r]isks ensuing from the fragmentation of international law" into its long-term programme of work. This initiative raises some basic questions: is international law a fragmented system? If it is so, what is the problem with the fragmentation? and how can the problem be resolved? This dissertation mainly revolves around these three major issues. It assumes that today's fragmented international law is part of historical evolution or process. In contemporary times, the term 'fragmentation' is commonly used to refer to the slicing up of international law 'into regional or functional regimes that cater for special audiences with special interests and ethos'. The most notable functional regimes are international trade law, environmental law, human rights law, humanitarian law, law of the sea and so on - when there is a collision between these regimes - than the conflict of norms becomes an unavoidable consequence - because each regime seeks favorable treatment towards its own. The absence of normative and institutional hierarchy in international law means that the evolution of such regimes is perceived by some as posing a threat to the coherence, effectiveness and predictability of international law. Others see these regimes as contributing to the development of international law. To respond to the problem of fragmentation, the ILC examined the regimes in detail and tentatively concluded that these specialized legal regimes are merely informal labels with no normative value per se - hence, it viewed that they
Multi Sourced Equivalent Norms In International Law
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Author : Tomer Broude
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-03-21
Multi Sourced Equivalent Norms In International Law written by Tomer Broude and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-21 with Law categories.
Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.
The Right To Food And The World Trade Organization S Rules On Agriculture
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Author : Rhonda Ferguson
language : en
Publisher: BRILL
Release Date : 2018-01-11
The Right To Food And The World Trade Organization S Rules On Agriculture written by Rhonda Ferguson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
In The Right to Food and the World Trade Organization’s Rules on Agriculture, Rhonda Ferguson explores the relationship between the right to food and agricultural trade. The analysis is situated within the context of debates surrounding the fragmentation of international law.
Peremptory Norms Of General International Law Jus Cogens
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Author : Dire Tladi
language : en
Publisher: BRILL
Release Date : 2021-08-16
Peremptory Norms Of General International Law Jus Cogens written by Dire Tladi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Hierarchy In International Law
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Author : Erika De Wet
language : en
Publisher: Oxford University Press
Release Date : 2012-03
Hierarchy In International Law written by Erika De Wet and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03 with Law categories.
The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.
Beyond Human Rights
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Author : Anne Peters
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-27
Beyond Human Rights written by Anne Peters and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Strategically Created Treaty Conflicts And The Politics Of International Law
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Author : Surabhi Ranganathan
language : en
Publisher: Cambridge University Press
Release Date : 2014-12-18
Strategically Created Treaty Conflicts And The Politics Of International Law written by Surabhi Ranganathan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-18 with Law categories.
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.