Normative Pluralism and International Law

Exploring Global Governance
Erscheinungsjahr 2014
ISBN: 978-1-107-45977-9
Verlag: Cambridge University Press

Buch, Englisch, 370 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 536 g

Reihe: ASIL Studies in International Legal Theory

This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, 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.

Autoren/Hrsg.

Klabbers, Jan

Piiparinen, Touko

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen

Inhaltsverzeichnis

Part I. Conceptual and Theoretical Overview: 1. Normative pluralism: an exploration Jan Klabbers and Touko Piiparinen; 2. Exploring the methodology of normative pluralism in the global age Touko Piiparinen; Part II. Normative Pluralism in Law: 3. Peaceful coexistence: normative pluralism in international law Jan Klabbers and Silke Trommer; 4. Inside or out: two types of international legal pluralism André Nollkaemper; Part III. Normative Pluralism and International Law: 5. Law v. honor: normative pluralism in the regulation of military conduct Rain Liivoja; 6. Law v. company rules: between convergence and conflict Katja Creutz; 7. Lex mercatoria in international arbitration Ulla Liukkunen; 8. Law v. Tradition: human rights and witchcraft in sub-Saharan Africa Timo Kallinen; 9. Law v. Bureaucratic culture: the case of the ICC and the transcendence of instrumental rationality Touko Piiparinen; 10. Law v. Religion: state law and religious norms Rubya Mehdi; 11. Global capital markets and financial reporting: international regulation but national application? Pontus Troberg; 12. Responsibility to rebuild and collective responsibility: legal and moral considerations Larry May.

Über Autor(innen)

Klabbers, Jan
Jan Klabbers has taught international law at the University of Helsinki since 1996, and has held visiting professorships in New York, Geneva and Paris. He was director of the Centre of Excellence in Global Governance Research from 2006 to 2011, and has won a number of awards for excellence in teaching. He received his doctorate from the University of Amsterdam (with distinction), and his main publications include The Concept of Treaty in International Law (1996), An Introduction to International Institutional Law (2nd edition, 2009), Treaty Conflict and the European Union (2008) and, as co-author, The Constitutionalization of International Law (2009).

Piiparinen, Touko
Touko Piiparinen is a research fellow at the Finnish Institute of International Affairs, having worked as a postdoctoral researcher at the Centre of Excellence in Global Governance Research from 2009 to 2010. He received his doctorate from the renowned Department of International Politics at the University of Wales, Aberystwyth, and is the author of The Transformation of UN Conflict Management (2010). He has written numerous articles on conflict management, the United Nations system, and critical realist methodology in international relations theory.