Irresolvable Norm Conflicts In International Law

Irresolvable Norm Conflicts in International Law PDF
Author: Valentin Jeutner
Publisher: Oxford University Press
ISBN: 0198808372
Size: 48.10 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 208
View: 5191

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Conventionally, international legal scholarship concerned with norm conflicts focues 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.

Interpretation In International Law

Interpretation in International Law PDF
Author: Andrea Bianchi
Publisher: Oxford University Press, USA
ISBN: 0198725744
Size: 52.25 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 399
View: 4674

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Interpretation in International Law is an innovative volume that foregrounds interpretation as central to the generation of legal meaning in international law. The book encourages international lawyers to reflect creatively on how they interpret international law, and to stimulate further research on interpretation in an innovative vein.

The Political Economy Of Grand Strategy

The Political Economy of Grand Strategy PDF
Author: Kevin Narizny
Publisher: Cornell University Press
ISBN: 9780801474309
Size: 40.35 MB
Format: PDF, Docs
Category : Political Science
Languages : en
Pages : 329
View: 4380

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A nation's grand strategy rarely serves the best interests of all its citizens. Instead, every strategic choice benefits some domestic groups at the expense of others. When groups with different interests separate into opposing coalitions, societal debates over foreign policy become polarized along party lines. Parties then select leaders who share the priorities of their principal electoral and financial backers. As a result, the overarching goals and guiding principles of grand strategy, as formulated at the highest levels of government, derive from domestic coalitional interests. In The Political Economy of Grand Strategy, Kevin Narizny develops these insights into a comprehensive theoretical framework for understanding the dynamics of security policy.The focus of this analysis is the puzzle of partisanship. The conventional view of grand strategy, in which state leaders act as neutral arbiters of the national interest, cannot explain why political turnover in the executive office often leads to dramatic shifts in state behavior. Narizny, in contrast, shows how domestic politics structured foreign policymaking in the United States and Great Britain from 1865 to 1941. In so doing, he sheds light on long-standing debates over the revival of British imperialism, the rise of American expansionism, the creation of the League of Nations, American isolationism in the interwar period, British appeasement in the 1930s, and both countries' decisions to enter World War I and World War II. --Michael Mastanduno, Nelson A. Rockefeller Professor of Government, Dartmouth College

Peace And War

Peace and War PDF
Author: Kalevi J. Holsti
Publisher: Cambridge University Press
ISBN: 9780521399296
Size: 65.28 MB
Format: PDF, ePub, Docs
Category : Political Science
Languages : en
Pages : 379
View: 4582

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Professor Holsti examines the origins of war and the foundations of peace of the last 350 years.

International Conflict And Cooperation

International Conflict and Cooperation PDF
Author: Mark R. Amstutz
Publisher: McGraw-Hill Humanities, Social Sciences & World Languages
ISBN:
Size: 20.51 MB
Format: PDF, ePub, Docs
Category : Political Science
Languages : en
Pages : 536
View: 7030

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This text brings the drama of international conflict to life. Using two basic themes--conflict and cooperation--this lucid and carefully crafted text explores the behavior of states and other global actors. Case studies and historical vignettes illustrate the dynamic nature of global politics and stimulate interest in international relations.

The Politics Of Regional Conflict

The Politics of Regional Conflict PDF
Author: W. Thom Workman
Publisher: Canadian Scholars Press
ISBN:
Size: 49.75 MB
Format: PDF, ePub
Category : Political Science
Languages : en
Pages : 139
View: 6387

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Isolationist States In An Interdependent World

Isolationist States in an Interdependent World PDF
Author: Dr Helga Turku
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409499286
Size: 39.43 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 194
View: 7381

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States that withdraw from the international system provide insight into an unexplored area of international relations in terms of rationality, self-interest, power politics, cooperation and alliances. Indeed, isolationism in an interdependent state system goes against the logic of modern society and state systems. Using historical, comparative and inductive analysis, Helga Turku explains why states may choose to isolate themselves both domestically and internationally, using comparative historical analysis to flesh out isolationism as a concept and in practice. The book examines extreme forms of self-imposed domestic and international isolation in an interdependent international system, noting the effects on both the immediate interests of a ruling regime and the long-term national interests of the state and the populace.

The Politics Of Force

The Politics of Force PDF
Author: Fionnuala Ní Aoláin
Publisher:
ISBN:
Size: 33.54 MB
Format: PDF
Category : Conflict management
Languages : en
Pages : 336
View: 5427

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A critical analysis of the use of lethal force by members of the security forces in Northern Ireland between 1969 and 1994. The author argues that lethal force deaths are intimately linked to an evaluation of security policy, emergency regulation and the political management of the crisis in Northern Ireland since 1969. Thus, the use of lethal force is a unique mirror on the conflict itself, giving fresh insight into the manner in which the state has managed a protracted low-intensity conflict within the framework of a democratic society.

Religion Identity And Global Governance

Religion  Identity  and Global Governance PDF
Author: Patrick James
Publisher: University of Toronto Press
ISBN: 1442640669
Size: 28.69 MB
Format: PDF, Mobi
Category : Political Science
Languages : en
Pages : 343
View: 4281

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This volume addresses essential themes in international relations today, asking how we can establish when religious identity is a relevant factor in politics, when and how religion can be applied to advance positive, peace-oriented agendas in global governance, and how governments can reconsider their foreign and domestic policies.

Foundations Of International Law And Politics

Foundations of International Law and Politics PDF
Author: Oona Anne Hathaway
Publisher:
ISBN:
Size: 37.46 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 393
View: 6516

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This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.

Law Politics And Society

Law  Politics  and Society PDF
Author: Suzanne Samuels
Publisher: Wadsworth Publishing Company
ISBN:
Size: 16.36 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 417
View: 809

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This text studies the inextricable links between law, society, and politics through an in-depth examination of the institutions for law-making in the United States, focusing on the function, structure, and participants in the process. The institutions-oriented approach focuses on contemporary coverage of the interrelationship between law and society, and includes discussion of controversial topics, such as the influence of race, class, sex, and corporate governance on the law. Law, Politics, and Society also looks at the theoretical and philosophical foundations of American law and provides comparative and international perspectives. Diversity is embedded into each chapter within the readings—drawn from a broad range of interdisciplinary sources such as sociology, history, and medicine—as well as in activities, which encourage discussion about law and race, national origin, sex, and class. In addition, excellent coverage of how the law has changed since September 11, 2001 helps students understand these complex relationships in a tangible way. Popular Culture features use a series of photographs to help students understand how law both informs and is informed by popular culture. Law in Action features apply the concepts of each chapter to an actual law in order to illustrate the central point and to help students better understand theoretical concepts. Pedagogy throughout the text includes active learning exercises, and marginal and bold definitions.