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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.
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.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
With more than 18 million refugees worldwide, the refugee problem has fostered an intense debate regarding what political changes are necessary in the international system to provide effective solutions in the 1990s and beyond. In the past, refugees have been perceived largely as a problem of international charity, but as the end of the Cold War triggers new refugee movements across the globe, governments are being forced to develop a more systematic approach to the refugee problem. Beyond Charity provides the first extensive overview of the world refugee crisis today, asserting that refugees raise not only humanitarian concerns but also issues of international peace and security. Gil Loescher argues persuasively that a central challenge in the post Cold-War era is to develop a comprehensive refugee policy that preserves the right of asylum while promoting greater political and diplomatic efforts to address the causes of flight. He presents the contemporary crisis in a historical framework and explores the changing role of the Office of the United Nations High Commissioner for Refugees. Loescher suggests short-term and long-term reforms that address both the current refugee crisis and its underlying causes. The book also details the ways governmental structures and international organizations could be strengthened to assume more effective assistance, protection, and political mediation functions. Beyond Charity helps frame the debate on the global refugee crisis and offers directions for more effective approaches to refugee problems at present and in the future.
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
The "narrative turn" has recently influenced theories, methods, and research design within the field of international relations. Its goal is, in part, to show how stories about international events and issues emerge and develop, and how these stories influence the uptake and limitations of global policy "solutions" around the world. Through the lens of narrative, this book examines the Women, Peace and Security (WPS) agenda, adopted by the United Nations Security Council twenty years ago. The agenda seeks to increase the participation of women in conflict prevention efforts and to protect the rights of women during conflict and peacebuilding. Those involved in the creation of the WPS agenda, including its strategies, guidelines, and protocols, tend to assume that implementation is the most critical element of it. But what can the stories about the agenda's emergence tell us about its limits and possibilities? Laura J. Shepherd examines WPS as a policy agenda that has been realized in and through the stories that have been told about it, focusing on the world of WPS work at the United Nations Headquarters in New York. She argues that to understand the implementation of the agenda we need to also understand the narration of the agenda's beginnings, its ongoing unfolding, and its plural futures. These stories outline the agenda's priorities and delimit its possibilities--as well as communicate and constitute its triumphs and disasters. As the book shows, much energy and resources are expended in efforts to reduce or resolve the agenda to a singular, essential "thing"--with singular, essential meaning. There is no "true" WPS agenda that practitioners, activists, and policymakers can apprehend and use as their guide; there is only a messy and contested space for political interventions of different kinds. Shepherd shows that the narratives of the WPS agenda incorporate plural logics but that this plurality cannot--should not--be used as an alibi for limited engagement or strategic inaction. Those seeking to realize the WPS agenda might need to live with the irreconcilable, the irresolvable, and the ambiguous.
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
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Discusses the way leaders deal with risk in making foreign policy decisions