The Law and Politics of International Regime Conflict PDF Download

Author: Dirk Pulkowski
Publisher: Oxford University Press, USA
ISBN: 0199689334
Category : Law
Languages : en
Pages : 402

View

Book Description
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.

Author: Margaret A. Young
Publisher: Cambridge University Press
ISBN: 1139504932
Category : Law
Languages : en
Pages :

View

Book Description
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.

Author: Henry Lovat
Publisher: Cambridge University Press
ISBN: 1108497276
Category : History
Languages : en
Pages : 385

View

Book Description
A theoretically-informed, critical account of the making of the international legal rules governing civil war.

Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191616281
Category : Political Science
Languages : en
Pages : 828

View

Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Author: Dirk Pulkowski
Publisher: OUP Oxford
ISBN: 0191003840
Category : Law
Languages : en
Pages : 2135

View

Book Description
The international order is constituted by a plurality of international regimes - institutionalized arrangements in different issue areas that possess their own norms and procedures. The present book examines how conflict among regimes may arise and probes the role that international law can play in managing such conflict. Throughout the book, the example of trade in cultural products is used to illustrate the evolution of regime conflict and the potential for its management. Conflicts between the goals of 'free trade' and 'cultural diversity' have notably surfaced within the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). As a result, there is a potential for conflict among WTO law, the UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and human rights. The book posits that three dimensions are characteristic for regime conflict: First, regime conflict is a function of conflict among different social goals or values. Second, such goal conflicts are institutionalized through the interaction of a variety of political actors struggling for influence, often in intergovernmental organizations. Third, regime conflict may manifest itself in conflicts of legal rules. If a state acts in conformity with the rules of one regime, its conduct may trigger a violation of the rules of another regime. The author argues that, while international law cannot be construed as a fully integrated and unified system, it does provide a common language for different regimes to engage with each other. The shared discourse rules of international law enable a degree of coordination of the policies of different regimes, notably through techniques of interpretation and legal priority rules. International law contributes to the management of regime conflict by providing commonly accepted reasons for choosing among competing policy goals.

Author: Surabhi Ranganathan
Publisher: Cambridge University Press
ISBN: 1107043301
Category : Law
Languages : en
Pages : 483

View

Book Description
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.

Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 1847317766
Category : Law
Languages : en
Pages : 413

View

Book Description
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Author: Andreas Hasenclever
Publisher: Cambridge University Press
ISBN: 9780521598491
Category : Political Science
Languages : en
Pages : 262

View

Book Description
International regimes have been a major focus of research in international relations for over a decade. Three schools of thought have shaped the discussion: realism, which treats power relations as its key variable; neoliberalism, which bases its analysis on constellations of interests; and cognitivism, which emphasizes knowledge dynamics, communication, and identities. Each school articulates distinct views on the origins, robustness, and consequences of international regimes. This book examines each of these contributions to the debate, taking stock of, and seeking to advance, one of the most dynamic research agendas in contemporary international relations. While the differences between realist, neoliberal and cognitivist arguments about regimes are acknowledged and explored, the authors argue that there is substantial scope for progress toward an inter-paradigmatic synthesis.

Author: Heejin Kim
Publisher: BRILL
ISBN: 9004325514
Category : Law
Languages : en
Pages : 381

View

Book Description
In Regime Accommodation in International Law: Human Rights in International Economic Law and Policy, Heejin Kim analyses the ways in which international human rights and economic law interact and conflict across a range of complex issues. These sub-branches of international law are not entirely autonomous; as the author shows, they have been developed in a close relation to each other. International law – imperfect as it is – provides means to resolve the antinomies arising from conflicting rights and obligations under these sub-fields. Against the difficulties of addressing non-economic concerns including human rights in the practice of WTO and foreign investment regime, Kim examines how decision-makers at different stages of international economic policy-making can accommodate, invoke, or reflect human rights in a better way.

Author: Jonathan Bonnitcha
Publisher: Oxford University Press
ISBN: 019871954X
Category : Business & Economics
Languages : en
Pages : 354

View

Book Description
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.