Evading International Norms
Evading International Norms

Author: Zoltán Búzás

Publisher: University of Pennsylvania Press

Published: 2021-01-01

Total Pages: 329

ISBN-13: 0812297687

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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.

Evading International Norms
Evading International Norms

Author: Zoltan Buzas

Publisher: University of Pennsylvania Press

Published: 2021-01-01

Total Pages: 328

ISBN-13: 0812252691

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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.

International Law: A Very Short Introduction
International Law: A Very Short Introduction

Author: Vaughan Lowe

Publisher: OUP Oxford

Published: 2015-11-26

Total Pages: 145

ISBN-13: 0191576204

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Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Beyond Charity
Beyond Charity

Author: Gil Loescher

Publisher: Oxford University Press, USA

Published: 1993

Total Pages: 273

ISBN-13: 0195102940

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With more than 18 million refugees worldwide, the refugee problem has fostered an intense debate regarding what political changes are necessary in the international system to provide effective solutions in the 1990s and beyond. In the past, refugees have been perceived largely as a problem of international charity, but as the end of the Cold War triggers new refugee movements across the globe, governments are being forced to develop a more systematic approach to the refugee problem. Beyond Charity provides the first extensive overview of the world refugee crisis today, asserting that refugees raise not only humanitarian concerns but also issues of international peace and security. Gil Loescher argues persuasively that a central challenge in the post Cold-War era is to develop a comprehensive refugee policy that preserves the right of asylum while promoting greater political and diplomatic efforts to address the causes of flight. He presents the contemporary crisis in a historical framework and explores the changing role of the Office of the United Nations High Commissioner for Refugees. Loescher suggests short-term and long-term reforms that address both the current refugee crisis and its underlying causes. The book also details the ways governmental structures and international organizations could be strengthened to assume more effective assistance, protection, and political mediation functions. Beyond Charity helps frame the debate on the global refugee crisis and offers directions for more effective approaches to refugee problems at present and in the future.

Narrating the Women, Peace and Security Agenda
Narrating the Women, Peace and Security Agenda

Author: Laura J. Shepherd

Publisher: Oxford University Press

Published: 2021-02-26

Total Pages: 195

ISBN-13: 0197557279

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The "narrative turn" has recently influenced theories, methods, and research design within the field of international relations. Its goal is, in part, to show how stories about international events and issues emerge and develop, and how these stories influence the uptake and limitations of global policy "solutions" around the world. Through the lens of narrative, this book examines the Women, Peace and Security (WPS) agenda, adopted by the United Nations Security Council twenty years ago. The agenda seeks to increase the participation of women in conflict prevention efforts and to protect the rights of women during conflict and peacebuilding. Those involved in the creation of the WPS agenda, including its strategies, guidelines, and protocols, tend to assume that implementation is the most critical element of it. But what can the stories about the agenda's emergence tell us about its limits and possibilities? Laura J. Shepherd examines WPS as a policy agenda that has been realized in and through the stories that have been told about it, focusing on the world of WPS work at the United Nations Headquarters in New York. She argues that to understand the implementation of the agenda we need to also understand the narration of the agenda's beginnings, its ongoing unfolding, and its plural futures. These stories outline the agenda's priorities and delimit its possibilities--as well as communicate and constitute its triumphs and disasters. As the book shows, much energy and resources are expended in efforts to reduce or resolve the agenda to a singular, essential "thing"--with singular, essential meaning. There is no "true" WPS agenda that practitioners, activists, and policymakers can apprehend and use as their guide; there is only a messy and contested space for political interventions of different kinds. Shepherd shows that the narratives of the WPS agenda incorporate plural logics but that this plurality cannot--should not--be used as an alibi for limited engagement or strategic inaction. Those seeking to realize the WPS agenda might need to live with the irreconcilable, the irresolvable, and the ambiguous.

The Continent of International Law
The Continent of International Law

Author: Barbara Koremenos

Publisher: Cambridge University Press

Published: 2016-03-29

Total Pages: 457

ISBN-13: 1316586375

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Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.

Vernacular Sovereignties
Vernacular Sovereignties

Author: Manuela Lavinas Picq

Publisher: University of Arizona Press

Published: 2018-04-24

Total Pages: 241

ISBN-13: 0816537356

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"Shows how Indigenous women are important political agents in reshaping state sovereignty"--Provided by publisher.

Trademark and Unfair Competition Conflicts
Trademark and Unfair Competition Conflicts

Author: Tim W. Dornis

Publisher: Cambridge University Press

Published: 2017-02-23

Total Pages: 699

ISBN-13: 1107155061

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This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.