Normative Plurality In International Law
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Normative Plurality In International Law
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Author : Carlos Iván Fuentes
language : en
Publisher: Springer
Release Date : 2016-09-02
Normative Plurality In International Law written by Carlos Iván Fuentes and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-02 with Law categories.
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
Normative Plurality In International Law
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Author : Carlos Fuentes
language : en
Publisher:
Release Date : 2014
Normative Plurality In International Law written by Carlos Fuentes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
"This dissertation attempts to provide a theoretical framework for explaining the choices made by international decisions-makers as to what constitutes law. It is proposed that the practice of international human rights courts recognises that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on such practice, the author advances his normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose." --
Normative Pluralism And International Law
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Author : Jan Klabbers
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-30
Normative Pluralism And International Law written by Jan Klabbers 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 2014-10-30 with Law categories.
This book addresses conflicts involving different normative orders: What happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when, and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.
Unity And Pluralism In Public International Law
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Author : Oriol Casanovas
language : en
Publisher: BRILL
Release Date : 2021-10-18
Unity And Pluralism In Public International Law written by Oriol Casanovas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.
Normative Pluralism And International Law
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Author : Jan Klabbers
language : en
Publisher:
Release Date : 2013
Normative Pluralism And International Law written by Jan Klabbers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with International law categories.
This book addresses conflicts involving how law relates to normative orders.
Normative Pluralism And Human Rights
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Author : Kyriaki Topidi
language : en
Publisher: Routledge
Release Date : 2018-06-13
Normative Pluralism And Human Rights written by Kyriaki Topidi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-13 with Law categories.
The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.
Global Legal Pluralism
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Author : Paul Schiff Berman
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27
Global Legal Pluralism written by Paul Schiff Berman 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 2012-02-27 with Law categories.
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
The Oxford Handbook Of Global Legal Pluralism
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Author : Paul Schiff Berman
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-09-24
The Oxford Handbook Of Global Legal Pluralism written by Paul Schiff Berman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with Law categories.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Legal Polycentricity
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Author : Hanne Petersen
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1995
Legal Polycentricity written by Hanne Petersen and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
The Regulation of Euthanasia
The Oxford Handbook Of Transnational Law
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Author : Peer Zumbansen
language : en
Publisher: Oxford University Press
Release Date : 2021
The Oxford Handbook Of Transnational Law written by Peer Zumbansen 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 2021 with Law categories.
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.