The Law And Politics Of International Regime Conflict
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The Law And Politics Of International Regime Conflict
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Author : Dirk Pulkowski
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-02
The Law And Politics Of International Regime Conflict written by Dirk Pulkowski 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 2014-02 with Law categories.
Conflict can occur when a body of law regulating one aspect of international activity does not correspond with the rules of another. This book uses trade in cultural products to illustrate that, rather than being a question of accidental overlap, such conflicts stem from different regimes having fundamentally different goals.
Negotiating Civil War
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Author : Henry Lovat
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-16
Negotiating Civil War written by Henry Lovat 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 2020-07-16 with History categories.
A theoretically-informed, critical account of the making of the international legal rules governing civil war.
Strategically Created Treaty Conflicts And The Politics Of International Law
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Author : Surabhi Ranganathan
language : en
Publisher:
Release Date : 2014
Strategically Created Treaty Conflicts And The Politics Of International Law written by Surabhi Ranganathan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with International law categories.
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
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
Regime Interaction In International Law
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Author : Margaret A. Young
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-12
Regime Interaction In International Law written by Margaret A. Young 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 2012-01-12 with Law categories.
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Power And Law In International Society
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Author : Mark Klamberg
language : en
Publisher: Routledge
Release Date : 2015-04-24
Power And Law In International Society written by Mark Klamberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-24 with Law categories.
When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.
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.
The Power Of Deliberation
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Author : Ian Johnstone
language : en
Publisher: Oxford University Press, USA
Release Date : 2011
The Power Of Deliberation written by Ian Johnstone 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 2011 with Language Arts & Disciplines categories.
Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. This book challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system.
Private International Law And Global Governance
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Author : Horatia Muir Watt
language : en
Publisher:
Release Date : 2014
Private International Law And Global Governance written by Horatia Muir Watt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Contested Regime Collisions
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Author : Kerstin Blome
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-21
Contested Regime Collisions written by Kerstin Blome 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 2016-04-21 with Law categories.
This study of regime collisions in international law combines theoretical contributions by leading scholars in the field with case studies.
