International Norm Disputes

Author : Lisbeth Zimmermann,Professor for International Institutions and Peace Processes Lisbeth Zimmermann,Chair of International Relations and Theories of Global Order Nicole Deitelhoff,Nicole Deitelhoff,Max Lesch,Postdoctoral Researcher Max Lesch,Antonio Arcudi,Anton Peez
Publisher : Oxford University Press
Page : 305 pages
File Size : 51,8 Mb
Release : 2023-07-20
Category : Law
ISBN : 9780198873235

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International Norm Disputes by Lisbeth Zimmermann,Professor for International Institutions and Peace Processes Lisbeth Zimmermann,Chair of International Relations and Theories of Global Order Nicole Deitelhoff,Nicole Deitelhoff,Max Lesch,Postdoctoral Researcher Max Lesch,Antonio Arcudi,Anton Peez Pdf

International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.

Author : Wayne Sandholtz,Kendall W. Stiles
Publisher : Oxford University Press
Page : 427 pages
File Size : 45,5 Mb
Release : 2009
Category : Law
ISBN : 9780195380088

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International Norms and Cycles of Change by Wayne Sandholtz,Kendall W. Stiles Pdf

Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.

Author : Carlos Fernández de Casadevante y Rom
Publisher : Springer Science & Business Media
Page : 325 pages
File Size : 48,7 Mb
Release : 2007-06-06
Category : Law
ISBN : 9783540682073

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Sovereignty and Interpretation of International Norms by Carlos Fernández de Casadevante y Rom Pdf

This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

Author : Lisbeth Zimmermann,Nicole Deitelhoff,Max Lesch,Antonio Arcudi,Anton Peez
Publisher : Oxford University Press
Page : 305 pages
File Size : 43,5 Mb
Release : 2023-06-27
Category : Political Science
ISBN : 9780198873297

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International Norm Disputes by Lisbeth Zimmermann,Nicole Deitelhoff,Max Lesch,Antonio Arcudi,Anton Peez Pdf

International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.

Author : Anselmo Reyes,Weixia Gu
Publisher : Cambridge University Press
Page : 545 pages
File Size : 49,8 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108490603

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Multi-Tier Approaches to the Resolution of International Disputes by Anselmo Reyes,Weixia Gu Pdf

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Author : Arie Marcelo Kacowicz
Publisher : Unknown
Page : 252 pages
File Size : 53,7 Mb
Release : 2005
Category : International relations
ISBN : UCSD:31822030919047

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The Impact of Norms in International Society by Arie Marcelo Kacowicz Pdf

This book addresses problems and puzzles associated with identifying international norms and the influence of these norms on the behavior of different states in international relations in a regional context. Arie M. Kacowicz's research traces several international norms of peace and security and examines their impact in Latin America between 1881 and 2001. He offers an original synthesis of positivist and constructivist approaches and links international relations, international law, international ethics, and Latin American diplomatic history. Kacowicz's primary argument is that a body of international norms of peace and security can be considered an independent and dynamic factor that affects the quality of international society generally and also plays a significant role in regional contexts. In developing his argument, he analyzes the origin of international norms, the impact of norms on the domestic and foreign behavior of states, and the conditions under which regional norms affect the political behavior of states. The book contains eleven empirical case-studies of the ways that international norms have affected the actions of Latin American states, ranging from the neutralization of the Magellan Straits in 1881, to the recent incorporation of Argentina, Chile, and Brazil into the Tlatelolco regime of a nuclear-weapons-free-zone in 1994, and the nuclear cooperation between Argentina and Brazil beginning in the late 1990s. These case-studies include stories of success through peaceful resolutions of conflict between states, of failure, and mixtures of both. Scholars and students of international relations and Latin America will find this book to be both a valuable analysis of international norms and a compelling diplomatic history

Author : Valentin Jeutner
Publisher : Oxford University Press
Page : 208 pages
File Size : 41,7 Mb
Release : 2017-08-04
Category : Law
ISBN : 9780192536051

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Irresolvable Norm Conflicts in International Law by Valentin Jeutner Pdf

Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.

Author : Charles T. Kotuby,Luke A. Sobota
Publisher : Oxford University Press
Page : 305 pages
File Size : 49,5 Mb
Release : 2017
Category : Law
ISBN : 9780190642709

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General Principles of Law and International Due Process by Charles T. Kotuby,Luke A. Sobota Pdf

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Author : Catharine Titi,Katia Fach Gomez
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 47,5 Mb
Release : 2019
Category : Law
ISBN : 9780198827955

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Mediation in International Commercial and Investment Disputes by Catharine Titi,Katia Fach Gomez Pdf

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Author : Carlos Fernández
Publisher : Springer
Page : 324 pages
File Size : 54,9 Mb
Release : 2009-09-02
Category : Law
ISBN : 354083396X

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Sovereignty and Interpretation of International Norms by Carlos Fernández Pdf

This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

Author : Joost Pauwelyn
Publisher : Cambridge University Press
Page : 560 pages
File Size : 55,7 Mb
Release : 2009-01-18
Category : Law
ISBN : 052110047X

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Conflict of Norms in Public International Law by Joost Pauwelyn Pdf

How do trade agreements interact with agreements on human rights or the environment? In case of conflict, which agreement should prevail? Must trade disputes be examined only from the angle of trade rules or should account be taken also of non-trade values? Joost Pauwelyn considers these questions and reveals how the different rules of international law interact, with the aid of procedural guidelines when conflict occurs. This book interests trade diplomats, international civil servants, lawyers, NGOs and scholars of public international law and international trade law.

Author : Friedrich V. Kratochwil
Publisher : Cambridge University Press
Page : 332 pages
File Size : 54,9 Mb
Release : 1991-04-26
Category : Law
ISBN : 0521409713

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Rules, Norms, and Decisions by Friedrich V. Kratochwil Pdf

This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

Author : Anonim
Publisher : Unknown
Page : 410 pages
File Size : 51,9 Mb
Release : 2009
Category : Jus cogens (International law)
ISBN : 0199855374

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International Norms and Cycles of Change by Anonim Pdf

Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.

Author : Hersch Lauterpacht
Publisher : OUP Oxford
Page : 528 pages
File Size : 51,7 Mb
Release : 2011-07-14
Category : Law
ISBN : 9780191018466

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The Function of Law in the International Community by Hersch Lauterpacht Pdf

The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.

Author : Wayne Sandholtz
Publisher : Unknown
Page : 304 pages
File Size : 43,7 Mb
Release : 2008
Category : Jus cogens (International law)
ISBN : 0199745137

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International Norms and Cycles of Change by Wayne Sandholtz Pdf