Download or read book Conflicting Philosophies and International Trade Law written by Michael Burkard and published by Springer. This book was released on 2017-10-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals how conflicting worldviews are at the root of public controversies on policy and trade issues. It highlights the particularly controversial disputes at the level of the World Trade Organization in the case of regulating beef-hormones and GMOs, aiming to show how negotiators of international agreements, members of dispute settlement bodies, and policy makers in general could have recourse to concepts of other disciplines such as epistemology and philosophy in order to address deadlocked legal disputes. Ultimately, the book is a manifesto for independent and critical research.
Download or read book Authorities written by Nicole Roughan and published by Oxford University Press. This book was released on 2013-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of 'relative authority.' This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.
Download or read book Distributive Justice and World Trade Law written by Oisin Suttle and published by Cambridge University Press. This book was released on 2017-10-12 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does justice demand in international trade regulation? And how far does World Trade Organization (WTO) law respond to those demands? Whether our focus is developing countries, struggling industries, or environmental protection, distributive conflict is a pervasive feature of international economic law. Despite this, we lack an adequate theory of distributive justice for this domain. Drawing on philosophical approaches to global justice, this book advances a novel theory of justice in trade regulation, and applies this to explain and critique the law of the WTO. Integrating theoretical and doctrinal approaches, it demonstrates the potential for political theory to illuminate and inform the progressive development of WTO law, including rules on border measures, discrimination, trade remedies and domestic regulation. Written from an interdisciplinary perspective, accessible to lawyers, philosophers and political scientists, the book will appeal both to theorists interested in building bridges from theory to practice, and practitioners seeking new perspectives on existing problems.
Download or read book Principles of International Trade Law as a Monistic System written by Hercules Booysen and published by Interlegal cc. This book was released on 2003 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Paradigms of Social Order written by Sergio Dellavalle and published by Springer Nature. This book was released on 2021-05-27 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.
Download or read book Strategically Created Treaty Conflicts and the Politics of International Law written by Surabhi Ranganathan and published by Cambridge University Press. This book was released on 2014-12-18 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017-07-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The VALIDATE handbook written by Wija Oortwijn and published by Radboud University Press. This book was released on 2022-05-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Technology Assessment (HTA) is defined as a multidisciplinary process that uses explicit methods to determine the value of a health technology at different points in its lifecycle. The purpose is to inform decision-making in order to promote an equitable, efficient, and high-quality health system. The definition reflects that facts and values are intertwined in HTA. This means that HTA should be considered as a type of policy analysis, wherein the assessment of safety, clinical and cost implications of health technologies, as well as their wider ethical, legal, social, organizational, environmental and other implications is conducted from the view that these aspects are closely interrelated, and wherein stakeholders are involved in a more productive way throughout the process of HTA. Acknowledging this holds the potential of conducting assessments of health technologies in a way that supports deliberative democratic decision making. In the 2018-2021 EU Erasmus+ strategic partnerships project “VALues In Doing Assessments ofhealthcare TEchnologies” (VALIDATE), a consortium of seven academic and HTA organizations have developed an approach to HTA that allows for the integration of empirical analysis and normative inquiry. The VALIDATE handbook: an approach on the integration of values in doing assessments of health technologies offers the reader an opportunity to get acquainted with the theoretical considerations and apprehend the associated practical and organizational implications of this approach. It offers those interested in HTA to integrate empirical analysis and normative inquiry in a transparent way.
Download or read book The Law of International Conflict written by Hanspeter Neuhold and published by BRILL. This book was released on 2015-12-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of International Conflict deals with three key principles of international law from a policy-oriented perspective that includes insights from various social sciences.
Download or read book Philosophical Foundations of Private International Law written by and published by Oxford University Press. This book was released on 2024-06-20 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.
Download or read book The Right to Food and the World Trade Organization s Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Food and the World Trade Organization’s Rules on Agriculture, Rhonda Ferguson explores the relationship between the right to food and agricultural trade. The analysis is situated within the context of debates surrounding the fragmentation of international law.
Download or read book The Philosophy of International Law written by Samantha Besson and published by OUP Oxford. This book was released on 2010-04-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
Download or read book Maritime Power and the Law of the Sea written by James Kraska and published by Oxford University Press, USA. This book was released on 2011 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: And international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics. Readership: Students (undergraduate and graduate) studying and professionals practicing maritime law, international law and international politics.
Download or read book War the State and International Law in Seventeenth century Europe written by Olaf Asbach and published by Ashgate Publishing, Ltd.. This book was released on 2010 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the history and theories of political thought of international relations in the seventeenth century, this volume addresses one of the great paradoxes of post-medieval Europe: why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals?Bringing together political scientists, philosophers, historians of political thought, jurists and scholars of international relations, the collection offers a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context
Download or read book The Law and Politics of International Regime Conflict written by Dirk Pulkowski and published by OUP Oxford. This book was released on 2014-02-13 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Cultural Heritage Law written by Janet Blake and published by OUP Oxford. This book was released on 2015-06-18 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analysing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.
Download or read book International Law Necropolitics and Arab Lives written by Khaled Al-Kassimi and published by Taylor & Francis. This book was released on 2022-10-27 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Relations and International Law continue to be accented by epistemic violence by naturalizing a separation between law and morality. What does such positivist juridical ethos make possible when considering that both disciplines reify a secular (immanent) ontology? International Law, Necropolitics, and Arab Lives emphasizes that positivist jurisprudence (re)conquered Arabia by subjugating Arab life to the power of death using extrajudicial techniques of violence seeking the implementation of a "New Middle East" that is no longer "resistant to Latin-European modernity", but amenable to such exclusionary telos. The monograph goes beyond the limited remonstration asserting that the problématique with both disciplines is that they are primarily "Eurocentric". Rather, the epistemic inquiry uncovers that legalizing necropower is necessary for the temporal coherence of secular-modernity since a humanitarian logic masks sovereignty inherently being necropolitical by categorizing Arab-Islamic epistemology as an internal-external enemy from which national(ist) citizenship must be defended. This creates a sense of danger around which to unite "modern" epistemology whilst reinforcing the purity of a particular ontology at the expense of banning and de-humanizing a supposed impure Arab refugee. This book will be of interest to graduate students, scholars, and finally, practitioners of international relations, political theory, philosophical theology, and legal-theory.
