[PDF] Normative Plurality In International Law eBook

Author : Carlos Iván Fuentes
Publisher : Springer
Page : 263 pages
File Size : 41,78 MB
Release : 2016-09-02
Category : Law
ISBN : 3319439294

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This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 369 pages
File Size : 46,45 MB
Release : 2013-04-22
Category : Law
ISBN : 1107036224

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This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 23,98 MB
Release : 2020-09-24
Category : Law
ISBN : 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 41,29 MB
Release : 2021
Category : Law
ISBN : 0197547419

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A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Author : Jan Klabbers
Publisher :
Page : pages
File Size : 46,42 MB
Release : 2013
Category : International law
ISBN : 9781107241787

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This book addresses conflicts involving how law relates to normative orders.

Author : Oriol Casanovas
Publisher : BRILL
Page : 288 pages
File Size : 41,18 MB
Release : 2021-10-18
Category : Law
ISBN : 9004480781

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The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 18,68 MB
Release : 2012-02-27
Category : Law
ISBN : 1107376912

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Author : Carlos Fuentes
Publisher :
Page : pages
File Size : 13,41 MB
Release : 2014
Category :
ISBN :

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"This dissertation attempts to provide a theoretical framework for explaining the choices made by international decisions-makers as to what constitutes law. It is proposed that the practice of international human rights courts recognises that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on such practice, the author advances his normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose." --

Author : András Sajó
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 30,5 MB
Release : 2004
Category : Civil rights
ISBN : 9077596046

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This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Author : David Roth-Isigkeit
Publisher : Springer
Page : 306 pages
File Size : 25,66 MB
Release : 2018-02-13
Category : Political Science
ISBN : 3319728563

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This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.