The Law and Politics of International Regime Conflict
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 February 2014
- ISBN 9780199689330
- Binding Hardback
- No. of pages396 pages
- Size 240x162x29 mm
- Weight 736 g
- Language English 0
Categories
Short description:
Conflict can occur when a body of law regulating one aspect of international activity does not correspond with the rules of another. This book uses trade in cultural products to illustrate that, rather than being a question of accidental overlap, such conflicts stem from different regimes having fundamentally different goals.
MoreLong description:
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.
Pulkowski performs a useful service by playing out his strategies in a specific context and doing so in a theoretically sophisticated and systematic way. As such this book is an important contribution to the new generation of scholarship on global legal pluralism.
Table of Contents:
Part I: Dimensions of Regime Conflict
1. Culture Is One Thing and Varnish Is Another
Introduction
Regulating Trade in Cultural Products
Regime Conflict and the Fragmentation of International Law
The Plan of This Book
2. Regime Conflict as Goal Conflict
Introduction
Toward a Heterarchy of Goal-Specific Regimes
Goal Conflicts Arising from Trade in Cultural Products
Conclusion
3. Regime Conflict as Institutional Conflict and Power Struggle
Introduction
The Politics of Regime Formation and Regime Interaction
Regime Shifting and Regime Conflict: Trade and Culture
Conclusion
4. Regime Conflict as Conflict among Legal Rules
Introduction
A Theory of Conflict of Rules
Conflict Scenarios Relating to Trade in Cultural Products
Conclusion
Part II: Management of Regime Conflict
5. The (Ir)relevance of International Law for Conflict Management
Introduction
Pluralistic Challenges to the Relevance of International Law
Legal Conflict Management within a Unitary International Legal Order
Conclusion
6. From Legal Unity to Communicative Compatibility
Introduction
International Law as a Regime-transcendent Grammar
Shared Background Assumptions of International Relations
Conclusion
7. Conflict Management through Legal Interpretation
Introduction
A Theory of Harmonizing Interpretation
Accommodating the Trade Regime, the Culture Regime and Human Rights
Conclusion
8. Conflict Management through Priority Rules
Introduction
A Typology of Priority Rules
Conflicts among the Trade Regime, the Culture Regime, and Human Rights
Conclusion
Bibliography
