Normative Pluralism and International Law: Exploring Global Governance

ISBN-13: 9781107036222 / Angielski / Twarda / 2013 / 370 str.

Jan Klabbers

Opis

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.

Spis treści

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.