Normative Pluralism and International Law: Exploring Global Governance (ASIL Studies in International Legal Theory)

Cambridge University Press
Edition: New, 4/22/2013
EAN 9781107036222, ISBN10: 1107036224

Hardcover, 370 pages, 22.9 x 15.2 x 2.2 cm
Language: English
Originally published in English

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.

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.