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Author: Joost Pauwelyn
Publisher: Cambridge University Press
ISBN: 1139436902
Category : Law
Languages : en
Pages : 557
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Book Description
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.
Author: Joost Pauwelyn
Publisher: Cambridge University Press
ISBN: 1139436902
Category : Law
Languages : en
Pages : 557
Get Book Here
Book Description
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.
Author: Ayfer Dost-Gozkan
Publisher: Routledge
ISBN: 1351502867
Category : Biography & Autobiography
Languages : en
Pages : 579
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Book Description
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.
Author: Matthias Armgardt
Publisher: Springer
ISBN: 3319160214
Category : Philosophy
Languages : en
Pages : 275
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Book Description
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.
Author: Betcy Jose
Publisher: Springer
ISBN: 3319693239
Category : Political Science
Languages : en
Pages : 117
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Book Description
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.
Author: Rhonda Ferguson
Publisher: BRILL
ISBN: 9004345302
Category : Law
Languages : en
Pages : 305
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Book Description
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.
Author: Bernard Mayer
Publisher: John Wiley & Sons
ISBN: 0470932465
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
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.
Author: Anchalee Rüland
Publisher: University Press of Kentucky
ISBN: 0813183723
Category : Political Science
Languages : en
Pages : 248
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Book Description
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.
Author: Harald Muller
Publisher: University of Georgia Press
ISBN: 0820344230
Category : Political Science
Languages : en
Pages : 410
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Book Description
"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
Author: Brian Alexander
Publisher: Rowman & Littlefield
ISBN: 1793601283
Category : Political Science
Languages : en
Pages : 201
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Book Description
What is the role that norms play in the U.S. Congress? At a time of unprecedented partisanship and high-profile breaches of legislative norms in the modern Congress, the relationship between norms and the functioning of the institution is a growing and pressing concern. Despite the importance of the topic, recent scholarship has not focused on congressional norms. Meanwhile, previous research leaves open many relevant questions about the role of norms in the Congress of the twenty-first century. A Social Theory of Congress brings norms back in to the study of Congress by defining what are legislative norms, identifying which norms currently exist in the U.S. Congress, and examining the effects that congressional norms have. This book provides a new research approach to study congressional norms through a comprehensive review of previous scholarship and a combination of interviews, survey research, and analysis of member behavior. What’s more, an innovative theoretical framework — a social theory of Congress — provides new perspectives in the study of legislatures and political behavior. The findings are striking. Norms of cooperation are surprisingly alive and well in an otherwise partisan Congress. But norms of conflict are on the rise. In addition, norms of a changing culture are affecting how members understand their role as lawmakers and in their interactions among one another. Together, these findings suggest that norms play an important role in the functioning of the legislature and as norms evolve so too does the performance of Congress in American democracy.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
