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 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Norms Groups Conflict and Social Change written by Ayfer Dost-Gozkan and published by Routledge. This book was released on 2017-07-05 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Past and Present Interactions in Legal Reasoning and Logic written by Matthias Armgardt and published by Springer. This book was released on 2015-05-18 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Norm Contestation written by Betcy Jose and published by Springer. This book was released on 2017-12-02 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 2018-01-03 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: 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.
Download or read book Norms in Conflict written by Anchalee Rüland and published by University Press of Kentucky. This book was released on 2022-06-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states—Indonesia, Thailand, and Malaysia—responded to the violations in very different ways. In each case, their responses to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse.
Download or read book Functions of Social Conflict written by Lewis A. Coser and published by Simon and Schuster. This book was released on 1964-11 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict and group boundaries; Hostility and tensions in conflict relationship; In-group conflict and group sctructure; Conflict with out-group and group sctructure; Ideology and conflict; Conflict calls forallies.
Download or read book Law Making and Legitimacy in International Humanitarian Law written by Püschmann, Jonas and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Download or read book Effects of Discrepancy Between Norms and Range of Tolerable Behavior on Norm Conflict Resolution written by Alan Kent Rissman and published by . This book was released on 1973 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 209 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 Norms Of War written by Theo Farrell and published by . This book was released on 2006-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Norm Dynamics in Multilateral Arms Control written by Harald Muller and published by University of Georgia Press. This book was released on 2013-04-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Efforts to create or maintain rules to contain the risks stemming from an unrestrained multilateral arms race are at the core of a world order based on consensual norms rather than on a pure balance of power. Whereas security cooperation is conventionally considered to be motivated primarily by interest- and security-based factors, studies have shown that all actors use moral arguments and are deeply embedded in the normative patterns surrounding their realm of action. Norm Dynamics in Multilateral ArmsControl, based on research conducted by a large PRIF team led by Harald M
Download or read book Managing Intercultural Conflict Effectively written by Stella Ting-Toomey and published by SAGE Publications. This book was released on 2001-07-25 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Ting-Toomey and Oetzel accomplish two objectives: to explain the culture-based situational conflict model, including the relationship among conflict, ethnicity, and culture; and, second, integrate theory and practice in the discussion of interpersonal conflict in culture, ethnic, and gender contexts. While the book is theoretically directed, it is also a down-to-earth practical book that contains ample examples, conflict dialogues, and critical incidents. Managing Intercultural Conflict Effectively helps to illustrate the complexity of intercultural conflict interactions and readers will gain a broad yet integrative perspective in assessing intercultural conflict situations. The book is a multidisciplinary text that draws from the research work of a variety of disciplines such as cross-cultural psychology, social psychology, sociology, marital and family studies, international management, and communication.
Download or read book The Dynamics of Conflict Resolution written by Bernard Mayer and published by John Wiley & Sons. This book was released on 2010-09-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This empowering guide goes beyond observable techniques to offer a close look at the creative internal processes--both cognitive and psychological--that successful mediators and other conflict resolvers draw upon.
Download or read book Conflict of Norms in a Fragmented International Legal System A Critical Analysis written by P. R. Kalidhass and published by GRIN Verlag. This book was released on 2014-05-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject 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?
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
