Solving International Norm Conflicts
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Solving International Norm Conflicts
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Author : Birte Böök
language : en
Publisher: Hart Publishing
Release Date : 2024-04-04
Solving International Norm Conflicts written by Birte Böök and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Law categories.
This book provides a theoretical framework which clarifies how different types of international norm conflicts can be solved efficiently. By drawing on Robert Alexy's distinction between rules and principles, it develops a novel approach which helps better identify and conceptualise norm conflicts and their resolution. The book develops a unique method by which to identify norms of international law as rules and principles respectively. Using examples taken from different international legal regimes, such as international environmental law and international human rights law, it argues that it is indeed possible to distinguish between the two types of norms within the body of international law. It goes on to use this distinction to consider which tools are available at the international level to resolve conflicts involving either type of norm, highlighting their gaps and inefficiencies. Finally, it provides a new framework to be used for looking at international conflicts and provides several case studies which show that drawing the distinction between rules and principles can be a means by which scholars, judicial bodies and states may analyse ambiguous judicial decisions or international legal provisions, and thus foster greater clarity in the field of international law.
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.
Resolving International Conflicts
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Author : Jacob Bercovitch
language : en
Publisher: Lynne Rienner Publishers
Release Date : 1996
Resolving International Conflicts written by Jacob Bercovitch and has been published by Lynne Rienner Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Mediation is one of the most important methods of settling conflicts in the post-Cold War world. This text represents the most recent trends in the process and practice of international mediation.
Methods Of Resolving Conflicts Between Treaties
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Author : Ali Sadat-Akhavi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2003-01-01
Methods Of Resolving Conflicts Between Treaties written by Ali Sadat-Akhavi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Political Science categories.
Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues. This work will assist and appeal to both academics in the fields of international law and political science and professionals engaged in international negotiations and treaty-making.
Solving Antinomies Between Peremptory Norms In Public International Law
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Author : João Ernesto Christófolo
language : en
Publisher:
Release Date : 2016
Solving Antinomies Between Peremptory Norms In Public International Law written by João Ernesto Christófolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Jus cogens (International law) categories.
"Ius cogens has been a subject of great interest in international law studies. But the inquiry into the collision between peremptory norms has been virtually non-existent. This book aims at addressing this particular doctrinal gap. Antinomies between ius cogens norms may arise in the conflicting simultaneous application of the peremptory norms on human rights, the non-use of force and self-determination. In order to determine how norms of ius cogens might be applied in situations of normative conflict - either apparent or real ones -, the author suggests the use of 'weighing and balancing' techniques. After analysing the main theories on the issue, and describing the most commonly accepted peremptory norms in current international law, this work approaches the problem of antinomies between peremptory norms by applying 'weighing and balancing' techniques to two case studies. First, the apparent conflict between the prohibition of the use of force and the prohibition of the most serious violations of human rights and international humanitarian law, as embodied in the notion of 'humanitarian intervention.' Second, the real conflict between the prohibition of the use of force and the right to self-determination as conveyed by a hypothetical Israeli-Palestinian peace agreement entailing the partial cession of occupied territories. Norms of ius cogens are known for regulating sensitive and highly axiological matters, as shown by these two case studies. As a result, finding answers to the problem of conflicting peremptory norms is important not only as regards the doctrinal advancement in the field of international law, but also for the purpose of reaching lawful solutions to central concerns of the international community at large"--Back cover.
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.
Resolving Conflicts Between Human Rights
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Author : Stijn Smet
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-10
Resolving Conflicts Between Human Rights written by Stijn Smet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
Norm Contestation
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Author : Betcy Jose
language : en
Publisher: Springer
Release Date : 2017-12-02
Norm Contestation written by Betcy Jose and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-02 with Political Science categories.
This Brief uses the theory of norm contestation as a model for understanding variation in norm-related behavior in international relations. While most typical approaches to understanding norms view norms as stable structures and actor responses to them as unquestioned, in a global political climate where departures from expected behavior may occur, a more nuanced model is needed. By using a norm contestation framework that highlights norm fluidity and actor agency, this book expands the discussion, providing insight into divergent interpretations of norm violation and compliance and the dynamic nature of norms. The first two chapters introduce the norm contestation model, explain how it contributes to the literature on norm violations, and discuss the reasons for the cases discussed. Chapters Three and Four provide detailed case studies of the mechanisms of norm contestation as they apply to the civilian immunity and non-intervention norms. Chapter Five concludes by reconnecting the norm contestation model to the case studies and describing how it can be applied to norms other than those regulating armed conflict. It also discusses policy implications and avenues for future research. As such, this book will appeal to students and researchers working broadly on issues related to international relations theory, armed conflict, security studies, humanitarianism, human rights, international law, and global governance. It will also be of interest to policy-makers and practitioners interested in influencing the normative behavior of actors in diverse arenas.
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.
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.