International Norm Disputes
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International Norm Disputes
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Author : Lisbeth Zimmermann
language : en
Publisher: Oxford University Press
Release Date : 2023-07-20
International Norm Disputes written by Lisbeth Zimmermann 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 2023-07-20 with Law categories.
International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
International Norms And Cycles Of Change
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Author : Wayne Sandholtz
language : en
Publisher: Oxford University Press
Release Date : 2009
International Norms And Cycles Of Change written by Wayne Sandholtz 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 2009 with Law categories.
Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.
Sovereignty And Interpretation Of International Norms
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Author : Carlos Fernández de Casadevante y Rom
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-06-06
Sovereignty And Interpretation Of International Norms written by Carlos Fernández de Casadevante y Rom and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-06 with Law categories.
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby
language : en
Publisher: Oxford University Press
Release Date : 2017
General Principles Of Law And International Due Process written by Charles T. Kotuby 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.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
International Norm Disputes
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Author : Lisbeth Zimmermann
language : en
Publisher: Oxford University Press
Release Date : 2023-06-27
International Norm Disputes written by Lisbeth Zimmermann 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 2023-06-27 with Political Science categories.
International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
Sovereignty And Interpretation Of International Norms
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Author : Carlos Fernández
language : en
Publisher: Springer
Release Date : 2009-09-02
Sovereignty And Interpretation Of International Norms written by Carlos Fernández and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-02 with Law categories.
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
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.
The Impact Of Norms In International Society
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Author : Arie Marcelo Kacowicz
language : en
Publisher:
Release Date : 2005
The Impact Of Norms In International Society written by Arie Marcelo Kacowicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
This book addresses problems and puzzles associated with identifying international norms and the influence of these norms on the behavior of different states in international relations in a regional context. Arie M. Kacowicz's research traces several international norms of peace and security and examines their impact in Latin America between 1881 and 2001. He offers an original synthesis of positivist and constructivist approaches and links international relations, international law, international ethics, and Latin American diplomatic history. Kacowicz's primary argument is that a body of international norms of peace and security can be considered an independent and dynamic factor that affects the quality of international society generally and also plays a significant role in regional contexts. In developing his argument, he analyzes the origin of international norms, the impact of norms on the domestic and foreign behavior of states, and the conditions under which regional norms affect the political behavior of states. The book contains eleven empirical case-studies of the ways that international norms have affected the actions of Latin American states, ranging from the neutralization of the Magellan Straits in 1881, to the recent incorporation of Argentina, Chile, and Brazil into the Tlatelolco regime of a nuclear-weapons-free-zone in 1994, and the nuclear cooperation between Argentina and Brazil beginning in the late 1990s. These case-studies include stories of success through peaceful resolutions of conflict between states, of failure, and mixtures of both. Scholars and students of international relations and Latin America will find this book to be both a valuable analysis of international norms and a compelling diplomatic history
Multi Tier Approaches To The Resolution Of International Disputes
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Author : Anselmo Reyes
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
Multi Tier Approaches To The Resolution Of International Disputes written by Anselmo Reyes 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 2021-12-16 with Law categories.
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
International Norms And Cycles Of Change
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Author : Wayne Sandholtz
language : en
Publisher:
Release Date : 2008
International Norms And Cycles Of Change written by Wayne Sandholtz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Jus cogens (International law) categories.