Conflict of Norms in Public International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139436902
Total Pages : 557 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Conflict of Norms in Public International Law by : Joost Pauwelyn

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.

Irresolvable Norm Conflicts in International Law

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Publisher : Oxford University Press
ISBN 13 : 0198808372
Total Pages : 209 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner

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: Based on doctoral thesis, University of Cambridge, 2015. --Page vii.

The Right to Food and the World Trade Organization's Rules on Agriculture

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Publisher : BRILL
ISBN 13 : 9004345302
Total Pages : 305 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Right to Food and the World Trade Organization's Rules on Agriculture by : Rhonda Ferguson

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.

Irresolvable Norm Conflicts in International Law

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Publisher : Oxford University Press
ISBN 13 : 0192536052
Total Pages : 208 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner

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 2017-08-04 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.

Beyond Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Strategically Created Treaty Conflicts and the Politics of International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107043301
Total Pages : 483 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Strategically Created Treaty Conflicts and the Politics of International Law by : Surabhi Ranganathan

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.

Peremptory Norms of General International Law (Jus Cogens)

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Publisher : BRILL
ISBN 13 : 9004464123
Total Pages : 806 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Peremptory Norms of General International Law (Jus Cogens) by : Dire Tladi

Download or read book Peremptory Norms of General International Law (Jus Cogens) written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Syrian Conflict's Impact on International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108491537
Total Pages : 237 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Syrian Conflict's Impact on International Law by : Michael P. Scharf

Download or read book The Syrian Conflict's Impact on International Law written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2020-03-26 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written as the decade-long Syria conflict nears an end, this book explores changes in International Law brought about by the conflict.

War Economies and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108483704
Total Pages : 329 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis War Economies and International Law by : Mark B. Taylor

Download or read book War Economies and International Law written by Mark B. Taylor and published by Cambridge University Press. This book was released on 2021-07-15 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how international law regulates the problems that arise where economic activity meets violent conflict.

International Law in a Transcivilizational World

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Publisher : Cambridge University Press
ISBN 13 : 1107024730
Total Pages : 733 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Law in a Transcivilizational World by : Onuma Yasuaki

Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

The Law of Nations

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Norms in a Fragmented International Legal System. A Critical Analysis

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Publisher :
ISBN 13 : 9783656655176
Total Pages : 292 pages
Book Rating : 4.6/5 (551 download)

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

Download or read book Conflict of Norms in a Fragmented International Legal System. A Critical Analysis written by P. R. Kalidhass and published by . This book was released on 2014-05-21 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Conflict of Norms in a Fragmented International Legal System. A Critical Analysis

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3656655189
Total Pages : 285 pages
Book Rating : 4.6/5 (566 download)

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

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 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Law-Making and Legitimacy in International Humanitarian Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 180088396X
Total Pages : 488 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Püschmann, Jonas

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.

Multi-Sourced Equivalent Norms in International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317820
Total Pages : 344 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Multi-Sourced Equivalent Norms in International Law by : Tomer Broude

Download or read book Multi-Sourced Equivalent Norms in International Law written by Tomer Broude and published by Bloomsbury Publishing. This book was released on 2011-03-21 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

Fragmentation of International Law

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Publisher :
ISBN 13 : 9789521023378
Total Pages : 306 pages
Book Rating : 4.0/5 (233 download)

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Book Synopsis Fragmentation of International Law by : United Nations. International Law Commission

Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: