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International Norm Disputes

Author: Lisbeth Zimmermann

Publisher: Oxford University Press

Published: 2023-07-20

Total Pages: 305

ISBN-13: 0198873239

International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.

International Norm Disputes

Author: Lisbeth Zimmermann

Publisher: Oxford University Press

Published: 2023-06-27

Total Pages: 305

ISBN-13: 0198873298

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International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.

International Norms and Cycles of Change

Author: Wayne Sandholtz

Publisher: Oxford University Press

Published: 2009

Total Pages: 427

ISBN-13: 0195380088

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Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.

International Norms, Moral Psychology, and Neuroscience

Author: Richard Price

Publisher: Cambridge University Press

Published: 2021-08-19

Total Pages: 144

ISBN-13: 110896768X

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Research on international norms has yet to answer satisfactorily some of our own most important questions about the origins of norms and the conditions under which some norms win out over others. The authors argue that international relations (IR) theorists should engage more with research in moral psychology and neuroscience to advance theories of norm emergence and resonance. This Element first provides an overview of six areas of research in neuroscience and moral psychology that hold particular promise for norms theorists and international relations theory more generally. It next surveys existing literature in IR to see how literature from moral psychology is already being put to use, and then recommends a research agenda for norms researchers engaging with this literature. The authors do not believe that this exchange should be a one-way street, however, and they discuss various ways in which the IR literature on norms may be of interest and of use to moral psychologists, and of use to advocacy communities.

Irresolvable Norm Conflicts in International Law

Author: Valentin Jeutner

Publisher: Oxford University Press

Published: 2017-08-04

Total Pages: 208

ISBN-13: 0192536052

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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.

The Impact of Norms in International Society

Author: Arie Marcelo Kacowicz

Publisher:

Published: 2005

Total Pages: 252

ISBN-13:

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This book addresses problems and puzzles associated with identifying international norms and the influence of these norms on the behavior of different states in international relations in a regional context. Arie M. Kacowicz's research traces several international norms of peace and security and examines their impact in Latin America between 1881 and 2001. He offers an original synthesis of positivist and constructivist approaches and links international relations, international law, international ethics, and Latin American diplomatic history. Kacowicz's primary argument is that a body of international norms of peace and security can be considered an independent and dynamic factor that affects the quality of international society generally and also plays a significant role in regional contexts. In developing his argument, he analyzes the origin of international norms, the impact of norms on the domestic and foreign behavior of states, and the conditions under which regional norms affect the political behavior of states. The book contains eleven empirical case-studies of the ways that international norms have affected the actions of Latin American states, ranging from the neutralization of the Magellan Straits in 1881, to the recent incorporation of Argentina, Chile, and Brazil into the Tlatelolco regime of a nuclear-weapons-free-zone in 1994, and the nuclear cooperation between Argentina and Brazil beginning in the late 1990s. These case-studies include stories of success through peaceful resolutions of conflict between states, of failure, and mixtures of both. Scholars and students of international relations and Latin America will find this book to be both a valuable analysis of international norms and a compelling diplomatic history

Rules, Norms, and Decisions

Author: Friedrich V. Kratochwil

Publisher: Cambridge University Press

Published: 1991-04-26

Total Pages: 332

ISBN-13: 9780521409711

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This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

Multi-Tier Approaches to the Resolution of International Disputes

Author: Anselmo Reyes

Publisher: Cambridge University Press

Published: 2021-12-16

Total Pages: 545

ISBN-13: 1108490603

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Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

General Principles of Law and International Due Process

Author: Charles T. Kotuby

Publisher: Oxford University Press

Published: 2017

Total Pages: 305

ISBN-13: 019064270X

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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

International Norms and Cycles of Change

Author: Wayne Sandholtz

Publisher: Oxford University Press, USA

Published: 2009

Total Pages: 434

ISBN-13:

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