Evading International Norms
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Evading International Norms
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Author : Zoltan Buzas
language : en
Publisher: University of Pennsylvania Press
Release Date : 2021-01-01
Evading International Norms written by Zoltan Buzas and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-01 with Political Science categories.
How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
Evading International Norms
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Author : Zoltán Búzás
language : en
Publisher: University of Pennsylvania Press
Release Date : 2021-01-01
Evading International Norms written by Zoltán Búzás and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-01 with Political Science categories.
How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
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.
Transnational Legal Orders
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-19
Transnational Legal Orders written by Terence C. Halliday 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 2015-01-19 with Business & Economics categories.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
International Courts And The Performance Of International Agreements
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Author : Clifford J. Carrubba
language : en
Publisher: Cambridge University Press
Release Date : 2015
International Courts And The Performance Of International Agreements written by Clifford J. Carrubba 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 2015 with Law categories.
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
Beyond Charity International Cooperation And The Global Refugee Crisis
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Author : Gil Loescher
language : en
Publisher: Oxford University Press
Release Date : 1996-08-08
Beyond Charity International Cooperation And The Global Refugee Crisis written by Gil Loescher 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 1996-08-08 with Political Science categories.
With more than 18 million refugees worldwide, the refugee problem has fostered an intense debate regarding what political changes are necessary in the international system to provide effective solutions in the 1990s and beyond. In the past, refugees have been perceived largely as a problem of international charity, but as the end of the Cold War triggers new refugee movements across the globe, governments are being forced to develop a more systematic approach to the refugee problem. Beyond Charity provides the first extensive overview of the world refugee crisis today, asserting that refugees raise not only humanitarian concerns but also issues of international peace and security. Gil Loescher argues persuasively that a central challenge in the post Cold-War era is to develop a comprehensive refugee policy that preserves the right of asylum while promoting greater political and diplomatic efforts to address the causes of flight. He presents the contemporary crisis in a historical framework and explores the changing role of the Office of the United Nations High Commissioner for Refugees. Loescher suggests short-term and long-term reforms that address both the current refugee crisis and its underlying causes. The book also details the ways governmental structures and international organizations could be strengthened to assume more effective assistance, protection, and political mediation functions. Beyond Charity helps frame the debate on the global refugee crisis and offers directions for more effective approaches to refugee problems at present and in the future.
International Law A Very Short Introduction
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Author : Vaughan Lowe
language : en
Publisher: OUP Oxford
Release Date : 2015-11-26
International Law A Very Short Introduction written by Vaughan Lowe and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-26 with Law categories.
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
The Cambridge Handbook Of Psychology And Economic Behaviour
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Author : Alan Lewis
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-12
The Cambridge Handbook Of Psychology And Economic Behaviour written by Alan Lewis 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 2012-04-12 with Psychology categories.
Psychologists have been observing and interpreting economic behaviour for at least fifty years, and the last decade, in particular, has seen an escalated interest in the interface between psychology and economics. The Cambridge Handbook of Psychology and Economic Behaviour is a valuable reference resource dedicated to improving our understanding of the economic mind and economic behaviour. Employing empirical methods – including laboratory experiments, field experiments, observations, questionnaires and interviews – the Handbook covers aspects of theory and method, financial and consumer behaviour, the environment and biological perspectives. With contributions from distinguished scholars from a variety of countries and backgrounds, the Handbook is an important step forward in the improvement of communications between the disciplines of psychology and economics. It will appeal to academic researchers and graduates in economic psychology and behavioural economics.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Trademark And Unfair Competition Conflicts
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Author : Tim W. Dornis
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-23
Trademark And Unfair Competition Conflicts written by Tim W. Dornis 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 2017-02-23 with Law categories.
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.