Conflict of Norms in Public International Law

Conflict of Norms in Public International Law

Author: Joost Pauwelyn

Publisher: Cambridge University Press

Published: 2003-07-31

Total Pages: 557

ISBN-13: 1139436902

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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.


Book Synopsis Conflict of Norms in Public International Law by : Joost Pauwelyn

Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Irresolvable Norm Conflicts in International Law

Irresolvable Norm Conflicts in International Law

Author: Valentin Jeutner

Publisher: Oxford University Press

Published: 2017

Total Pages: 209

ISBN-13: 0198808372

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Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.


Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner

Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.

Norms, Groups, Conflict, and Social Change

Norms, Groups, Conflict, and Social Change

Author: Ayfer Dost-Gozkan

Publisher: Routledge

Published: 2017-07-05

Total Pages: 579

ISBN-13: 1351502867

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This book is about the life and work of a Turkish-American social scientist, Muzafer Sherif (1905?1988). He was known for his seminal work on norm and group formations, social judgment, and intergroup conflicts and cooperation. Although Sherif is identified as one of the founders of social psychology, his contribution to the science of psychology goes beyond the limits of social psychology as it is generally defined today.This volume aims to rediscover the theory and research of its subject in the socio-historical context of his time, as well as his relevance for contemporary psychology. Chapters cover a range of topics: an in-depth portrayal of Sherif's life and intellectual struggle in Turkey and in the United States; his metatheoretical considerations on the science of psychology; his theory and research on group and intergroup relationships, social norms and social change; formation and change of frames of reference, ego-involvements and identity; and psychology of slogans.Sherif had profound life experiences in different cultural contexts from the Ottoman Empire and World War I to American universities, which enabled him to see the essentiality of the historico-cultural context in the formation of human phenomena. Sherif's psychology is an elegant exemplar of an integrative science of psychology that is worth rediscovering.


Book Synopsis Norms, Groups, Conflict, and Social Change by : Ayfer Dost-Gozkan

Download or read book Norms, Groups, Conflict, and Social Change written by Ayfer Dost-Gozkan and published by Routledge. This book was released on 2017-07-05 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the life and work of a Turkish-American social scientist, Muzafer Sherif (1905?1988). He was known for his seminal work on norm and group formations, social judgment, and intergroup conflicts and cooperation. Although Sherif is identified as one of the founders of social psychology, his contribution to the science of psychology goes beyond the limits of social psychology as it is generally defined today.This volume aims to rediscover the theory and research of its subject in the socio-historical context of his time, as well as his relevance for contemporary psychology. Chapters cover a range of topics: an in-depth portrayal of Sherif's life and intellectual struggle in Turkey and in the United States; his metatheoretical considerations on the science of psychology; his theory and research on group and intergroup relationships, social norms and social change; formation and change of frames of reference, ego-involvements and identity; and psychology of slogans.Sherif had profound life experiences in different cultural contexts from the Ottoman Empire and World War I to American universities, which enabled him to see the essentiality of the historico-cultural context in the formation of human phenomena. Sherif's psychology is an elegant exemplar of an integrative science of psychology that is worth rediscovering.

Norm Contestation

Norm Contestation

Author: Betcy Jose

Publisher: Springer

Published: 2017-12-02

Total Pages: 112

ISBN-13: 3319693239

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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.


Book Synopsis Norm Contestation by : Betcy Jose

Download or read book Norm Contestation written by Betcy Jose and published by Springer. This book was released on 2017-12-02 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Past and Present Interactions in Legal Reasoning and Logic

Past and Present Interactions in Legal Reasoning and Logic

Author: Matthias Armgardt

Publisher: Springer

Published: 2015-05-18

Total Pages: 275

ISBN-13: 3319160214

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This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen ́s Dilemma, the Rhetor ́s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this work constitute the first results of the ANR-DFG joint research project “JuriLog” (Jurisprudence and Logic), which aims at fostering the cooperation between legal scholars and philosophers. On the one hand, lawyers and legal scholars have an interest in emphasizing the logical character of legal reasoning. In this respect, the present enquiry examines the question of how logic, especially newer forms of dialogical logic, can be made fruitful as a significant area of philosophy for jurisprudence and legal practice. On the other hand, logicians find in legal reasoning a striving towards clear definitions and inference-procedures that is relevant to their discipline. In order to fully understand such reciprocal relationships, it is necessary to bridge the gap between law, logic and philosophy in contemporary academic research. The essays collected in this volume all work towards this common goal. The book is divided in three sections. In the first part, the strong relation between Roman Law and logic is explored with respect to the analysis of disjunctive statements in legal acts. The second part focuses on Leibniz ́s legal theory. The third part, finally, is dedicated to current interactions between law and logic.


Book Synopsis Past and Present Interactions in Legal Reasoning and Logic by : Matthias Armgardt

Download or read book Past and Present Interactions in Legal Reasoning and Logic written by Matthias Armgardt and published by Springer. This book was released on 2015-05-18 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen ́s Dilemma, the Rhetor ́s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this work constitute the first results of the ANR-DFG joint research project “JuriLog” (Jurisprudence and Logic), which aims at fostering the cooperation between legal scholars and philosophers. On the one hand, lawyers and legal scholars have an interest in emphasizing the logical character of legal reasoning. In this respect, the present enquiry examines the question of how logic, especially newer forms of dialogical logic, can be made fruitful as a significant area of philosophy for jurisprudence and legal practice. On the other hand, logicians find in legal reasoning a striving towards clear definitions and inference-procedures that is relevant to their discipline. In order to fully understand such reciprocal relationships, it is necessary to bridge the gap between law, logic and philosophy in contemporary academic research. The essays collected in this volume all work towards this common goal. The book is divided in three sections. In the first part, the strong relation between Roman Law and logic is explored with respect to the analysis of disjunctive statements in legal acts. The second part focuses on Leibniz ́s legal theory. The third part, finally, is dedicated to current interactions between law and logic.

The Right to Food and the World Trade Organization's Rules on Agriculture

The Right to Food and the World Trade Organization's Rules on Agriculture

Author: Rhonda Ferguson

Publisher: BRILL

Published: 2018-01-11

Total Pages: 305

ISBN-13: 9004345302

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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.


Book Synopsis The Right to Food and the World Trade Organization's Rules on Agriculture by : Rhonda Ferguson

Download or read book The Right to Food and the World Trade Organization's Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Norms in Conflict

Norms in Conflict

Author: Anchalee Rüland

Publisher: University Press of Kentucky

Published: 2022-06-14

Total Pages: 253

ISBN-13: 0813183731

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The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states—Indonesia, Thailand, and Malaysia—responded to the violations in very different ways. In each case, their responses to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse.


Book Synopsis Norms in Conflict by : Anchalee Rüland

Download or read book Norms in Conflict written by Anchalee Rüland and published by University Press of Kentucky. This book was released on 2022-06-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states—Indonesia, Thailand, and Malaysia—responded to the violations in very different ways. In each case, their responses to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse.

Functions of Social Conflict

Functions of Social Conflict

Author: Lewis A. Coser

Publisher: Simon and Schuster

Published: 1964-11

Total Pages: 196

ISBN-13: 002906810X

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Conflict and group boundaries; Hostility and tensions in conflict relationship; In-group conflict and group sctructure; Conflict with out-group and group sctructure; Ideology and conflict; Conflict calls forallies.


Book Synopsis Functions of Social Conflict by : Lewis A. Coser

Download or read book Functions of Social Conflict written by Lewis A. Coser and published by Simon and Schuster. This book was released on 1964-11 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict and group boundaries; Hostility and tensions in conflict relationship; In-group conflict and group sctructure; Conflict with out-group and group sctructure; Ideology and conflict; Conflict calls forallies.

Effects of Discrepancy Between Norms and Range of Tolerable Behavior on Norm Conflict Resolution

Effects of Discrepancy Between Norms and Range of Tolerable Behavior on Norm Conflict Resolution

Author: Alan Kent Rissman

Publisher:

Published: 1973

Total Pages: 208

ISBN-13:

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Book Synopsis Effects of Discrepancy Between Norms and Range of Tolerable Behavior on Norm Conflict Resolution by : Alan Kent Rissman

Download or read book Effects of Discrepancy Between Norms and Range of Tolerable Behavior on Norm Conflict Resolution written by Alan Kent Rissman and published by . This book was released on 1973 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cultural Norms, War and the Environment

Cultural Norms, War and the Environment

Author: Arthur H. Westing

Publisher: Stockholm International Peace Research Institute

Published: 1988

Total Pages: 204

ISBN-13: 9780198291251

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The present volume is an outgrowth of a select symposium convened by the Stockholm International Peace Research Institute (SIPRI) in co-operation with the United Nations Environment Programme (UNEP) in Stockholm, 15-18 March 1987.


Book Synopsis Cultural Norms, War and the Environment by : Arthur H. Westing

Download or read book Cultural Norms, War and the Environment written by Arthur H. Westing and published by Stockholm International Peace Research Institute. This book was released on 1988 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume is an outgrowth of a select symposium convened by the Stockholm International Peace Research Institute (SIPRI) in co-operation with the United Nations Environment Programme (UNEP) in Stockholm, 15-18 March 1987.