Conflict of Norms in Public International Law

Conflict of Norms in Public International Law
Title Conflict of Norms in Public International Law PDF eBook
Author Joost Pauwelyn
Publisher Cambridge University Press
Pages 557
Release 2003-07-31
Genre Law
ISBN 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.

Irresolvable Norm Conflicts in International Law

Irresolvable Norm Conflicts in International Law
Title Irresolvable Norm Conflicts in International Law PDF eBook
Author Valentin Jeutner
Publisher Oxford University Press
Pages 209
Release 2017
Genre Law
ISBN 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.

Past and Present Interactions in Legal Reasoning and Logic

Past and Present Interactions in Legal Reasoning and Logic
Title Past and Present Interactions in Legal Reasoning and Logic PDF eBook
Author Matthias Armgardt
Publisher Springer
Pages 275
Release 2015-05-18
Genre Philosophy
ISBN 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.

Norms, Groups, Conflict, and Social Change

Norms, Groups, Conflict, and Social Change
Title Norms, Groups, Conflict, and Social Change PDF eBook
Author Ayfer Dost-Gozkan
Publisher Routledge
Pages 579
Release 2017-07-05
Genre Biography & Autobiography
ISBN 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.

Norm Contestation

Norm Contestation
Title Norm Contestation PDF eBook
Author Betcy Jose
Publisher Springer
Pages 117
Release 2017-12-02
Genre Political Science
ISBN 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.

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
Title The Right to Food and the World Trade Organization's Rules on Agriculture PDF eBook
Author Rhonda Ferguson
Publisher BRILL
Pages 305
Release 2018-01-03
Genre Law
ISBN 9004345302

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In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.

The Oxford Handbook of the Economics of Peace and Conflict

The Oxford Handbook of the Economics of Peace and Conflict
Title The Oxford Handbook of the Economics of Peace and Conflict PDF eBook
Author Michelle R. Garfinkel
Publisher OUP USA
Pages 889
Release 2012-04-20
Genre Business & Economics
ISBN 0195392779

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This Handbook brings together contributions from leading scholars who take an economic perspective to study peace and conflict. Some chapters are largely empirical, exploring the correlates and quantifying the costs of conflict. Others are more theoretical, examining the mechanisms that lead to war or are more conducive to peace.