Norms and Illegality
Norms and Illegality

Author: Cristiana Panella

Publisher: Rowman & Littlefield

Published: 2021-05-06

Total Pages: 229

ISBN-13: 1793646317

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Norms and Illegality: Intimate Ethnographies and Politics explores liminal and illegal practices in relation to political control and cultural normativity. The contributors draw on years of ethnographic experiences in Greece, Guatemala, Hong Kong, Italy, Madagascar, Mali, Philippines, and Thailand to study the contradictions of what is legal and illegal. They explore the production of illegal subjects by the state, the creation of illegal and normative values by liminal and illegal actors, and the mutual entanglements of legal and illegal in the public domains of markets and trade networks. This volume shows that criminalization policies are not necessarily oriented toward erasing crime. Instead, the contributors maintain that opaque spaces ensure the efficacy of control and outwardly conform to the rhetoric and ethics of global neoliberalism. Within these contexts, the contributors shed light on moral economies and frames of value entailed in systems of representation that have been set up by individuals who are deemed illegal, liminal, or deviant in their confrontations with the state. This book is recommended for students and scholars of anthropology, political science, and urban studies.

Norms and Illegality
Norms and Illegality

Author: Cristiana Panella

Publisher: Lexington Books

Published: 2021

Total Pages: 234

ISBN-13: 9781793646309

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Based on in-depth ethnographic research, Norms and Illegality: Intimate Ethnographies and Political Control explores the entanglements and contradictions of legal and illegal practices across multiple cultures.

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.

Norms and the Law
Norms and the Law

Author: John N. Drobak

Publisher: Cambridge University Press

Published: 2006-07-24

Total Pages: 308

ISBN-13: 9780521680790

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This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.

Conflict of Norms in Public International Law
Conflict of Norms in Public International Law

Author: Joost Pauwelyn

Publisher: Cambridge University Press

Published: 2003-07-31

Total Pages: 557

ISBN-13: 1139436902

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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.

The Global Community Yearbook of International Law and Jurisprudence 2016
The Global Community Yearbook of International Law and Jurisprudence 2016

Author: Giuliana Ziccardi Capaldo

Publisher: Oxford University Press

Published: 2017

Total Pages: 921

ISBN-13: 0190848197

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The 2016 edition of The Global Community: Yearbook of International Law and Jurisprudence constitutes the only thorough annual survey of major developments in international courts. General Editor Giuliana Ziccardi Capaldo selects excerpts from important court opinions as well as the contributors who provide expert guidance on those cases. The topical organization and subject index make the thorough, comprehensive content easy to navigate.

Indirect Judicial Review in Administrative Law
Indirect Judicial Review in Administrative Law

Author: Mariolina Eliantonio

Publisher: Taylor & Francis

Published: 2022-11-11

Total Pages: 270

ISBN-13: 1000781364

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This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Secession in International Law with a Special Reference to the Post-Soviet Space
Secession in International Law with a Special Reference to the Post-Soviet Space

Author: Júlia Miklasová

Publisher: BRILL

Published: 2024-08-29

Total Pages: 757

ISBN-13: 9004702644

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The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.

The Architecture of Illegal Markets
The Architecture of Illegal Markets

Author: Jens Beckert

Publisher: Oxford University Press

Published: 2017-07-26

Total Pages: 376

ISBN-13: 0192514148

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From illegal drugs, stolen artwork, and forged trademarks, to fraud in financial markets - the phenomenon of illegality in market exchanges is pervasive. Illegal markets have great economic significance, have relevant social and political consequences, and shape economic and political structures. Despite the importance of illegality in the economy, the field of economic sociology unquestioningly accepts the premise that the institutional structures and exchanges taking place in markets are law-abiding in nature. This volume makes a contribution to changing this. Questions that stand at the centre of the chapters are: What are the interfaces between legal and illegal markets? How do demand and supply in illegal markets interact? What role do criminal organizations play in illegal markets? What is the relationship between illegality and governments? Is illegality a phenomenon central to capitalism? Anchored in economic sociology, this book contributes to the analysis and understanding of market exchanges in conditions of illegality from a perspective that focuses on the social organization of markets. Offering both, theoretical reflections and case studies, the chapters assembled in the volume address the consequences of the illegal production, distribution, and consumption of products for the architecture of markets. It also focuses on the underlying causes and the political and social concerns stemming from the infringement of the law.

Transition from Illegal Regimes under International Law
Transition from Illegal Regimes under International Law

Author: Yaël Ronen

Publisher: Cambridge University Press

Published: 2011-05-19

Total Pages: 401

ISBN-13: 1139496174

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Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.