Normative Plurality In International Law

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Normative Plurality in International Law

Carlos Iván Fuentes
Normative Plurality in International Law Book PDF

Author : Carlos Iván Fuentes
Publisher : Springer
Page : 240 pages
File Size : 51,7 Mb
Release : 2016-09-02
Category : Law
ISBN : 9783319439297

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Normative Plurality in International Law by Carlos Iván Fuentes Pdf

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Normative Pluralism and International Law

Jan Klabbers,Touko Piiparinen
Normative Pluralism and International Law Book PDF

Author : Jan Klabbers,Touko Piiparinen
Publisher : Cambridge University Press
Page : 369 pages
File Size : 44,6 Mb
Release : 2013-04-22
Category : Law
ISBN : 9781107036222

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Normative Pluralism and International Law by Jan Klabbers,Touko Piiparinen Pdf

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.

Normative Pluralism and International Law

Jan Klabbers,Touko Piiparinen
Normative Pluralism and International Law Book PDF

Author : Jan Klabbers,Touko Piiparinen
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2013
Category : International law
ISBN : 1107241782

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Normative Pluralism and International Law by Jan Klabbers,Touko Piiparinen Pdf

This book addresses conflicts involving how law relates to normative orders.

The Oxford Handbook of Transnational Law

Peer Zumbansen
The Oxford Handbook of Transnational Law Book PDF

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 47,6 Mb
Release : 2021
Category : Law
ISBN : 9780197547410

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The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Unity and Pluralism in Public International Law

Oriol Casanovas
Unity and Pluralism in Public International Law Book PDF

Author : Oriol Casanovas
Publisher : BRILL
Page : 288 pages
File Size : 52,7 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004480780

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Unity and Pluralism in Public International Law by Oriol Casanovas Pdf

The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

Power and Pluralism in International Law

Edward S. Cohen
Power and Pluralism in International Law Book PDF

Author : Edward S. Cohen
Publisher : Routledge
Page : 189 pages
File Size : 54,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781000554205

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Power and Pluralism in International Law by Edward S. Cohen Pdf

Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

The Oxford Handbook of Global Legal Pluralism

Paul Schiff Berman
The Oxford Handbook of Global Legal Pluralism Book PDF

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 54,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Global Legal Pluralism

Paul Schiff Berman
Global Legal Pluralism Book PDF

Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 54,7 Mb
Release : 2012-02-27
Category : Law
ISBN : 9780521769822

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Global Legal Pluralism by Paul Schiff Berman Pdf

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Legal Polycentricity

Hanne Petersen,Henrik Zahle
Legal Polycentricity Book PDF

Author : Hanne Petersen,Henrik Zahle
Publisher : Dartmouth Publishing Company
Page : 256 pages
File Size : 47,5 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105060552739

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Legal Polycentricity by Hanne Petersen,Henrik Zahle Pdf

The Regulation of Euthanasia

Normative Pluralism and Human Rights

Kyriaki Topidi
Normative Pluralism and Human Rights Book PDF

Author : Kyriaki Topidi
Publisher : Routledge
Page : 284 pages
File Size : 48,6 Mb
Release : 2018-06-13
Category : Law
ISBN : 9781351676496

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Normative Pluralism and Human Rights by Kyriaki Topidi Pdf

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Legal Pluralism in the Arab World

Badouin Dupret,Maurits Berger,Laila Al-Zwaini
Legal Pluralism in the Arab World Book PDF

Author : Badouin Dupret,Maurits Berger,Laila Al-Zwaini
Publisher : BRILL
Page : 304 pages
File Size : 46,7 Mb
Release : 2023-03-20
Category : Law
ISBN : 9789004416628

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Legal Pluralism in the Arab World by Badouin Dupret,Maurits Berger,Laila Al-Zwaini Pdf

Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.

Legal Pluralism Explained

Brian Z. Tamanaha
Legal Pluralism Explained Book PDF

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 208 pages
File Size : 55,6 Mb
Release : 2021-03-03
Category : Law
ISBN : 9780190861582

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Legal Pluralism Explained by Brian Z. Tamanaha Pdf

Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

Legal Pluralism in the Arab World

Baudouin Dupret,Maurits Berger,Laila al- Zwaini
Legal Pluralism in the Arab World Book PDF

Author : Baudouin Dupret,Maurits Berger,Laila al- Zwaini
Publisher : BRILL
Page : 308 pages
File Size : 50,8 Mb
Release : 1999-01-01
Category : Law
ISBN : 9041111050

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Legal Pluralism in the Arab World by Baudouin Dupret,Maurits Berger,Laila al- Zwaini Pdf

Legal pluralism: Ziad Bahaa-Eldin.

Globalization and Sovereignty

Jean L. Cohen
Globalization and Sovereignty Book PDF

Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 44,8 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

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Globalization and Sovereignty by Jean L. Cohen Pdf

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Militant Democracy

András Sajó,Lorri Rutt Bentch
Militant Democracy Book PDF

Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 49,7 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043

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Militant Democracy by András Sajó,Lorri Rutt Bentch Pdf

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.