The Law and Politics of International Regime Conflict
The Law and Politics of International Regime Conflict

Author: Dirk Pulkowski

Publisher: OUP Oxford

Published: 2014-02-13

Total Pages: 402

ISBN-13: 0191003832

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The international order is constituted by a plurality of international regimes - institutionalized arrangements in different issue areas that possess their own norms and procedures. The present book examines how conflict among regimes may arise and probes the role that international law can play in managing such conflict. Throughout the book, the example of trade in cultural products is used to illustrate the evolution of regime conflict and the potential for its management. Conflicts between the goals of 'free trade' and 'cultural diversity' have notably surfaced within the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). As a result, there is a potential for conflict among WTO law, the UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and human rights. The book posits that three dimensions are characteristic for regime conflict: First, regime conflict is a function of conflict among different social goals or values. Second, such goal conflicts are institutionalized through the interaction of a variety of political actors struggling for influence, often in intergovernmental organizations. Third, regime conflict may manifest itself in conflicts of legal rules. If a state acts in conformity with the rules of one regime, its conduct may trigger a violation of the rules of another regime. The author argues that, while international law cannot be construed as a fully integrated and unified system, it does provide a common language for different regimes to engage with each other. The shared discourse rules of international law enable a degree of coordination of the policies of different regimes, notably through techniques of interpretation and legal priority rules. International law contributes to the management of regime conflict by providing commonly accepted reasons for choosing among competing policy goals.

Cooperation or Conflict?
Cooperation or Conflict?

Author: Carmen Gebhard

Publisher: Routledge

Published: 2016-05-13

Total Pages: 196

ISBN-13: 1317159705

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Following the end of the Second World War, the creation of regional organizations in Europe provided niche functions to help ensure regional stability through security and transition. Yet, as the Cold War ended and the Soviet Union dissolved, each of these organizations evolved to have a post-Cold War role in the region. Since then, the level of convergence of norms, interests and objectives between these main regional organizations has increased considerably. Is there a common agenda in Europe? Does Europe still need so many organizational elements to tackle the major challenges? This book examines the way the EU, NATO, OSCE, and Council of Europe relate to and interact with each other, identifying the areas of positive convergence and divergence as well as areas of negative cooperation and conflict. By tracing the institutional development and regional integration in Europe, the book questions to what degree do European organizations maintain separate identities and most importantly do these organizations still offer a unique and useful service to regional stability. In developing this argument, policy areas analysed include: "

After Hegemony
After Hegemony

Author: Robert O. Keohane

Publisher: Princeton University Press

Published: 2005-02-28

Total Pages: 307

ISBN-13: 140082026X

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This book is a comprehensive study of cooperation among the advanced capitalist countries. Can cooperation persist without the dominance of a single power, such as the United States after World War II? To answer this pressing question, Robert Keohane analyzes the institutions, or "international regimes," through which cooperation has taken place in the world political economy and describes the evolution of these regimes as American hegemony has eroded. Refuting the idea that the decline of hegemony makes cooperation impossible, he views international regimes not as weak substitutes for world government but as devices for facilitating decentralized cooperation among egoistic actors. In the preface the author addresses the issue of cooperation after the end of the Soviet empire and with the renewed dominance of the United States, in security matters, as well as recent scholarship on cooperation.

Regime Interaction in International Law
Regime Interaction in International Law

Author: Margaret A. Young

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages: 347

ISBN-13: 1107010489

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Leading scholars advance the discussion of international law's fragmentation in new and provocative ways.

International Regimes
International Regimes

Author: Stephen D. Krasner

Publisher: Cornell University Press

Published: 1983

Total Pages: 388

ISBN-13: 9780801492501

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In this volume, fourteen distinguished specialists in international political economy thoroughly explore the concept of international regimes--the implicit and explicit principles, norms, rules, and procedures that guide international behavior. In the first section, the authors develop several theoretical views of regimes. In the following section, the theories are applied to specific issues in international relations, including the General Agreement on Tariffs and Trade (GATT) and on the still-enduring postwar regimes for money and security.

Theories of International Regimes
Theories of International Regimes

Author: Andreas Hasenclever

Publisher: Cambridge University Press

Published: 1997-10-02

Total Pages: 262

ISBN-13: 9780521598491

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International regimes have been a major focus of research in international relations for over a decade. Three schools of thought have shaped the discussion: realism, which treats power relations as its key variable; neoliberalism, which bases its analysis on constellations of interests; and cognitivism, which emphasizes knowledge dynamics, communication, and identities. Each school articulates distinct views on the origins, robustness, and consequences of international regimes. This book examines each of these contributions to the debate, taking stock of, and seeking to advance, one of the most dynamic research agendas in contemporary international relations. While the differences between realist, neoliberal and cognitivist arguments about regimes are acknowledged and explored, the authors argue that there is substantial scope for progress toward an inter-paradigmatic synthesis.

International Conflict Resolution After the Cold War
International Conflict Resolution After the Cold War

Author: National Research Council

Publisher: National Academies Press

Published: 2000-11-07

Total Pages: 640

ISBN-13: 0309171733

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The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

International Institutions
International Institutions

Author: Judith Goldstein

Publisher:

Published: 2010

Total Pages:

ISBN-13: 9781446262139

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Although transnational actors are not new on the world stage the number and type of these international entities expanded dramatically after World War II. This set examines both the rise of these new transnational actors and their effect on international politics and policies.

The Practice of International and National Courts and the (De-)Fragmentation of International Law
The Practice of International and National Courts and the (De-)Fragmentation of International Law

Author: Ole Kristian Fauchald

Publisher: Bloomsbury Publishing

Published: 2014-10-01

Total Pages: 248

ISBN-13: 1847319157

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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.