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Books > Law > International law > Private international law & conflict of laws
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The Law and Politics of International Regime Conflict (Hardcover)
Loot Price: R4,438
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The Law and Politics of International Regime Conflict (Hardcover)
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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.
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