Evading International Norms

Author : Zoltan Buzas
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 42,5 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812252699

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Evading International Norms by Zoltan Buzas Pdf

How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Author : Zoltán Búzás
Publisher : University of Pennsylvania Press
Page : 329 pages
File Size : 52,7 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812297683

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Evading International Norms by Zoltán Búzás Pdf

How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 48,6 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Gil Loescher
Publisher : Oxford University Press
Page : 273 pages
File Size : 43,7 Mb
Release : 1996-08-08
Category : Political Science
ISBN : 9780195356076

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Beyond Charity: International Cooperation and the Global Refugee Crisis by Gil Loescher Pdf

With more than 18 million refugees worldwide, the refugee problem has fostered an intense debate regarding what political changes are necessary in the international system to provide effective solutions in the 1990s and beyond. In the past, refugees have been perceived largely as a problem of international charity, but as the end of the Cold War triggers new refugee movements across the globe, governments are being forced to develop a more systematic approach to the refugee problem. Beyond Charity provides the first extensive overview of the world refugee crisis today, asserting that refugees raise not only humanitarian concerns but also issues of international peace and security. Gil Loescher argues persuasively that a central challenge in the post Cold-War era is to develop a comprehensive refugee policy that preserves the right of asylum while promoting greater political and diplomatic efforts to address the causes of flight. He presents the contemporary crisis in a historical framework and explores the changing role of the Office of the United Nations High Commissioner for Refugees. Loescher suggests short-term and long-term reforms that address both the current refugee crisis and its underlying causes. The book also details the ways governmental structures and international organizations could be strengthened to assume more effective assistance, protection, and political mediation functions. Beyond Charity helps frame the debate on the global refugee crisis and offers directions for more effective approaches to refugee problems at present and in the future.

Author : Manuela Lavinas Picq
Publisher : University of Arizona Press
Page : 241 pages
File Size : 55,8 Mb
Release : 2018-04-24
Category : Political Science
ISBN : 9780816537358

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Vernacular Sovereignties by Manuela Lavinas Picq Pdf

Indigenous women continue to be imagined as passive subjects at the margins of political decision-making, but they are in fact dynamic actors who shape state sovereignty and domestic and international politics. Manuela Lavinas Picq uses the case of Kichwa women successfully advocating for gender parity in the administration of Indigenous justice in Ecuador to show how Indigenous women can influence world politics.

Author : Dire Tladi
Publisher : BRILL
Page : 806 pages
File Size : 46,9 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004464124

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Peremptory Norms of General International Law (Jus Cogens) by Dire Tladi Pdf

Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Author : Alice Edwards,Laura van Waas
Publisher : Cambridge University Press
Page : 325 pages
File Size : 44,8 Mb
Release : 2014-09-18
Category : Law
ISBN : 9781107032446

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Nationality and Statelessness under International Law by Alice Edwards,Laura van Waas Pdf

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Author : Barbara Koremenos
Publisher : Cambridge University Press
Page : 457 pages
File Size : 55,9 Mb
Release : 2016-04-07
Category : Political Science
ISBN : 9781107124233

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The Continent of International Law by Barbara Koremenos Pdf

This book demonstrates theoretically and empirically how international law's detailed design provisions help states cooperate despite harsh international political realities.

Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 44,9 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709

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Contract Interpretation in Investment Treaty Arbitration by Yuliya Chernykh Pdf

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Author : Robert K. Merton
Publisher : University of Chicago Press
Page : 639 pages
File Size : 43,6 Mb
Release : 1973
Category : Social Science
ISBN : 9780226520926

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The Sociology of Science by Robert K. Merton Pdf

"The exploration of the social conditions that facilitate or retard the search for scientific knowledge has been the major theme of Robert K. Merton's work for forty years. This collection of papers [is] a fascinating overview of this sustained inquiry. . . . There are very few other books in sociology . . . with such meticulous scholarship, or so elegant a style. This collection of papers is, and is likely to remain for a long time, one of the most important books in sociology."—Joseph Ben-David, New York Times Book Review "The novelty of the approach, the erudition and elegance, and the unusual breadth of vision make this volume one of the most important contributions to sociology in general and to the sociology of science in particular. . . . Merton's Sociology of Science is a magisterial summary of the field."—Yehuda Elkana, American Journal of Sociology "Merton's work provides a rich feast for any scientist concerned for a genuine understanding of his own professional self. And Merton's industry, integrity, and humility are permanent witnesses to that ethos which he has done so much to define and support."—J. R. Ravetz, American Scientist "The essays not only exhibit a diverse and penetrating analysis and a deal of historical and contemporary examples, with concrete numerical data, but also make genuinely good reading because of the wit, the liveliness and the rich learning with which Merton writes."—Philip Morrison, Scientific American "Merton's impact on sociology as a whole has been large, and his impact on the sociology of science has been so momentous that the title of the book is apt, because Merton's writings represent modern sociology of science more than any other single writer."—Richard McClintock, Contemporary Sociology

Author : Christian J. Tams
Publisher : Cambridge University Press
Page : 397 pages
File Size : 46,5 Mb
Release : 2005-12-01
Category : Political Science
ISBN : 9781139448802

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Enforcing Obligations Erga Omnes in International Law by Christian J. Tams Pdf

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

Author : Human Rights Watch
Publisher : Seven Stories Press
Page : 957 pages
File Size : 53,5 Mb
Release : 2019-02-05
Category : Political Science
ISBN : 9781609808853

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World Report 2019 by Human Rights Watch Pdf

The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Author : Tim W. Dornis
Publisher : Cambridge University Press
Page : 699 pages
File Size : 53,7 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781107155060

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Trademark and Unfair Competition Conflicts by Tim W. Dornis Pdf

This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2022
Category : Electronic
ISBN : 1608155072

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HANDBOOK OF INTERNATIONAL QUALITY CONTROL, AUDITING, REVIEW, OTHER ASSURANCE, AND RELATED SERVICES PRONOUNCEMENTS. by Anonim Pdf

Author : P. R. Kalidhass
Publisher : GRIN Verlag
Page : 285 pages
File Size : 50,7 Mb
Release : 2014-05-16
Category : Law
ISBN : 9783656655183

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Conflict of Norms in a Fragmented International Legal System. A Critical Analysis by P. R. Kalidhass Pdf

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 are all within or part of broader territorial domain of general international law – and codified some of existing conflict resolving techniques to solve the problem of conflict of norms. However, the proposed techniques solve the conflict of norms only within regimes but not across regimes. The question remains as to how to solve the norm conflict across regimes?