Norms And Illegality

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Norms and Illegality

Author : Cristiana Panella
Publisher : Rowman & Littlefield
ISBN 13 : 1793646317
Total Pages : 229 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Norms and Illegality by : Cristiana Panella

Download or read book Norms and Illegality written by Cristiana Panella and published by Rowman & Littlefield. This book was released on 2021-05-06 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Norms and Illegality: Intimate Ethnographies and Politics explores liminal and illegal practices in relation to political control and cultural normativity. The contributors draw on years of ethnographic experiences in Greece, Guatemala, Hong Kong, Italy, Madagascar, Mali, Philippines, and Thailand to study the contradictions of what is legal and illegal. They explore the production of illegal subjects by the state, the creation of illegal and normative values by liminal and illegal actors, and the mutual entanglements of legal and illegal in the public domains of markets and trade networks. This volume shows that criminalization policies are not necessarily oriented toward erasing crime. Instead, the contributors maintain that opaque spaces ensure the efficacy of control and outwardly conform to the rhetoric and ethics of global neoliberalism. Within these contexts, the contributors shed light on moral economies and frames of value entailed in systems of representation that have been set up by individuals who are deemed illegal, liminal, or deviant in their confrontations with the state. This book is recommended for students and scholars of anthropology, political science, and urban studies.

Evading International Norms

Author : Zoltan Buzas
Publisher : University of Pennsylvania Press
ISBN 13 : 0812252691
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Evading International Norms by : Zoltan Buzas

Download or read book Evading International Norms written by Zoltan Buzas and published by University of Pennsylvania Press. This book was released on 2021-01-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Conflict of Norms in Public International Law

Author : Joost Pauwelyn
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.

Evading International Norms

Author : Zoltán Búzás
Publisher : University of Pennsylvania Press
ISBN 13 : 0812297687
Total Pages : 329 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Evading International Norms by : Zoltán Búzás

Download or read book Evading International Norms written by Zoltán Búzás and published by University of Pennsylvania Press. This book was released on 2021-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Non-Binding Norms in International Humanitarian Law

Author : Emily Crawford
Publisher : Oxford University Press
ISBN 13 : 0198819854
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Non-Binding Norms in International Humanitarian Law by : Emily Crawford

Download or read book Non-Binding Norms in International Humanitarian Law written by Emily Crawford and published by Oxford University Press. This book was released on 2022-01-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

Hierarchy in International Law

Author : Erika De Wet
Publisher : Oxford University Press
ISBN 13 : 0199647070
Total Pages : 365 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Hierarchy in International Law by : Erika De Wet

Download or read book Hierarchy in International Law written by Erika De Wet and published by Oxford University Press. This book was released on 2012-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.

International Environmental Law

Author : Pierre-Marie Dupuy
Publisher : Cambridge University Press
ISBN 13 : 1108423604
Total Pages : 597 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Environmental Law by : Pierre-Marie Dupuy

Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2018-06-07 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.

The Common European Sales Law in Context

Author : Gerhard Dannemann
Publisher : OUP Oxford
ISBN 13 : 0191668184
Total Pages : 856 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Common European Sales Law in Context by : Gerhard Dannemann

Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by OUP Oxford. This book was released on 2013-03-21 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Coordination, Organizations, Institutions, and Norms in Agent Systems II

Author : Pablo Noriega
Publisher : Springer Science & Business Media
ISBN 13 : 3540744576
Total Pages : 375 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Coordination, Organizations, Institutions, and Norms in Agent Systems II by : Pablo Noriega

Download or read book Coordination, Organizations, Institutions, and Norms in Agent Systems II written by Pablo Noriega and published by Springer Science & Business Media. This book was released on 2007-09-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the thoroughly refereed post-proceedings of the International Workshop on Coordination, Organization, Institutions and Norms in Agent Systems, COIN 2006, held as two events at AAMAS 2006, the 5th International Joint Conference on Autonomous Agents and Multiagent Systems in Hakodate, Japan, and ECAI 2006, the 17th European Conference on Artificial Intelligence in Riva del Garda, Italy.

Legal Consequences of Peremptory Norms in International Law

Author : Daniel Costelloe
Publisher : Cambridge University Press
ISBN 13 : 1108509541
Total Pages : 381 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legal Consequences of Peremptory Norms in International Law by : Daniel Costelloe

Download or read book Legal Consequences of Peremptory Norms in International Law written by Daniel Costelloe and published by Cambridge University Press. This book was released on 2017-09-07 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.

Enforcing International Law Norms Against Terrorism

Author : Andrea Bianchi
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310192
Total Pages : 576 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Enforcing International Law Norms Against Terrorism by : Andrea Bianchi

Download or read book Enforcing International Law Norms Against Terrorism written by Andrea Bianchi and published by Bloomsbury Publishing. This book was released on 2004-07-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scale and horror of recent terror attacks and the panic which ensued throughout the world has forced policy-makers and international lawyers to re-examine international legal tools available to enforce norms against terrorism. The magnitude of the attacks, the modalities of the operations, the profiles of the terrorists and the transnational structure of some terrorist organisations all cast doubt on the adequacy of the existing political and legal framework to fight terrorism. Due to this perception, governments have increased the intensity of measures to combat terrorist activities such as using military force against States sponsoring terrorism, freezing assets of terrorist organizations, and promulgating national security measures designed to protect the State against would be terrorists. This book comprehensively analyses the suitability of existing international legal tools to enforce rules prohibiting terrorism. Contributions from leading experts in international law examine, among others, questions relating to the proper role of international law in combating terrorism, the legality of covert operations against terrorism, whether the law of armed conflict can be applied to the "war against terror", domestic anti-terror laws and their compatibility with human rights standards, and how to regulate the internet to prevent terrorist usage. In addition, the ways in which States can co-operate together to more effectively investigate terrorist infrastructures and apprehend suspects is focused upon. The interplay between different layers of legal authority at international, regional and domestic levels is also subject to review. This thorough examination of the array of legal means at the international community's disposal to enforce norms against terrorism will allow readers to appreciate the real challenges that terrorism and the responses to it pose to the international legal system.

Peremptory Norms of General International Law (Jus Cogens)

Author : Dire Tladi
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.

Neoliberal Legality

Author : Honor Brabazon
Publisher : Taylor & Francis
ISBN 13 : 1134843380
Total Pages : 214 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Neoliberal Legality by : Honor Brabazon

Download or read book Neoliberal Legality written by Honor Brabazon and published by Taylor & Francis. This book was released on 2016-11-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.

The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age

Author : Danielle Keats Citron
Publisher : W. W. Norton & Company
ISBN 13 : 0393882322
Total Pages : 239 pages
Book Rating : 4.3/5 (938 download)

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Book Synopsis The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age by : Danielle Keats Citron

Download or read book The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age written by Danielle Keats Citron and published by W. W. Norton & Company. This book was released on 2022-09-13 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential road map for understanding—and defending—your right to privacy in the twenty-first century. Privacy is disappearing. From our sex lives to our workout routines, the details of our lives once relegated to pen and paper have joined the slipstream of new technology. As a MacArthur fellow and distinguished professor of law at the University of Virginia, acclaimed civil rights advocate Danielle Citron has spent decades working with lawmakers and stakeholders across the globe to protect what she calls intimate privacy—encompassing our bodies, health, gender, and relationships. When intimate privacy becomes data, corporations know exactly when to flash that ad for a new drug or pregnancy test. Social and political forces know how to manipulate what you think and who you trust, leveraging sensitive secrets and deepfake videos to ruin or silence opponents. And as new technologies invite new violations, people have power over one another like never before, from revenge porn to blackmail, attaching life-altering risks to growing up, dating online, or falling in love. A masterful new look at privacy in the twenty-first century, The Fight for Privacy takes the focus off Silicon Valley moguls to investigate the price we pay as technology migrates deeper into every aspect of our lives: entering our bedrooms and our bathrooms and our midnight texts; our relationships with friends, family, lovers, and kids; and even our relationship with ourselves. Drawing on in-depth interviews with victims, activists, and advocates, Citron brings this headline issue home for readers by weaving together visceral stories about the countless ways that corporate and individual violators exploit privacy loopholes. Exploring why the law has struggled to keep up, she reveals how our current system leaves victims—particularly women, LGBTQ+ people, and marginalized groups—shamed and powerless while perpetrators profit, warping cultural norms around the world. Yet there is a solution to our toxic relationship with technology and privacy: fighting for intimate privacy as a civil right. Collectively, Citron argues, citizens, lawmakers, and corporations have the power to create a new reality where privacy is valued and people are protected as they embrace what technology offers. Introducing readers to the trailblazing work of advocates today, Citron urges readers to join the fight. Your intimate life shouldn’t be traded for profit or wielded against you for power: it belongs to you. With Citron as our guide, we can take back control of our data and build a better future for the next, ever more digital, generation.

The Possibility of Norms

Author : Christoph Möllers
Publisher : Oxford University Press, USA
ISBN 13 : 0198827393
Total Pages : 337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Possibility of Norms by : Christoph Möllers

Download or read book The Possibility of Norms written by Christoph Möllers and published by Oxford University Press, USA. This book was released on 2020-04-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: What defines the social practices we currently call norms? They make theft forbidden, eating with a fork advisable, and paintings beautiful. Norms are commonly thought of as moral justifications for doing one thing and not doing another. They are also described in terms of their outcomes or effects, serving as mere causal explanations. The Possibility of Norms proposes a broader view of how norms function, how they are articulated, and how they are realized. It may be asking too much if we expect norms to be effective or morally right. Many norms are simply ineffective and many are at most ineffectively justifiable. Drawing upon a rich array of texts - from law and jurisprudence to philosophy, aesthetics, and the social sciences - M�llers argues for conceiving of social norms as positively marked possibilities. Positively marking a possibility indicates that it should be realized. Normativity thus hinges on judging the world from a distance and acknowledging the possibility of divergent states of the world. Hence, it is no longer theoretically problematic that there are morally unjustified norms, nor that norms can be broken. On the contrary, allowing for breaches may be an important feature of normativity. M�llers's conceptual study sheds new light on a range of paradigms in the humanities, social sciences, and cultural studies, reframing several aspects of norm theory and questioning the theoretical assumptions underlying existing empirical work on normativity.

Coordination, Organizations, Institutions, and Norms in Agent Systems XI

Author : Virginia Dignum
Publisher : Springer
ISBN 13 : 3319426915
Total Pages : 437 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Coordination, Organizations, Institutions, and Norms in Agent Systems XI by : Virginia Dignum

Download or read book Coordination, Organizations, Institutions, and Norms in Agent Systems XI written by Virginia Dignum and published by Springer. This book was released on 2016-07-12 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the thoroughly refereed post-conference proceedings of the 11th International Workshops on Coordination, Organizations, Institutions and Norms in Agent Systems, COIN 2015. The workshops were co-located with AAMAS 2015, held in Istanbul, Turkey, in May 2015, and with IJCAI 2015, held in Buenos Aires, Argentina, in July 2015. The 23 full papers were carefully reviewed and selected from 46 initial submissions for inclusion in this volume. The papers cover a wide range of topics from work on formal aspects of normative and team based systems, to software engineering with organizational concepts, to applications of COIN based systems, and to philosophical issues surrounding socio-technical systems. They highlight not only the richness of existing work in the field, but also point out the challenges and exciting research that remains to be done in the area.

Piracy and Intellectual Property in Latin America

Author : Víctor Goldgel-Carballo
Publisher : Routledge
ISBN 13 : 1000038750
Total Pages : 311 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Piracy and Intellectual Property in Latin America by : Víctor Goldgel-Carballo

Download or read book Piracy and Intellectual Property in Latin America written by Víctor Goldgel-Carballo and published by Routledge. This book was released on 2020-03-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piracy and Intellectual Property in Latin America is the first sustained effort to present an alternative framework for understanding piracy and contemporary challenges to global discourses on intellectual property (IP) in the Americas. While piracy might just look like theft and derivative reproduction from the perspective of many right-holders, the contributors to this volume go beyond this economic-driven logic and show how practices of copying are in fact practices of reinvention that reflect the rich social networks and forms of creativity, authorship, commerce, and consumption that characterize informal economies. From a perspective informed by contemporary scenarios in Mexico, Brazil, Chile, Argentina, Peru, Guatemala, and the United States, they engage in a discussion of alternatives that—predicated on the importance of protecting culture—allow for other ways of conceiving prosperity at local, national, regional, and global levels. Examples discussed include video games, clothing, trinkets, music, film, TV, and books. Designed to help understand the broader implications of IP and piracy for the field of Latin American studies, this book will be a major contribution to Global South studies, as well as to the growing bibliography on globalization, informal markets, and piracy.