Victoria University of Wellington Law Review Working Paper Series
Author | : Victoria University College. Wellington. Faculty of Law |
Publisher | : |
Total Pages | : |
Release | : 20?? |
Genre | : |
ISBN | : |
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Author | : Victoria University College. Wellington. Faculty of Law |
Publisher | : |
Total Pages | : |
Release | : 20?? |
Genre | : |
ISBN | : |
Author | : Victoria University of Wellington. Law Faculty |
Publisher | : |
Total Pages | : 87 |
Release | : 2001 |
Genre | : Authorship |
ISBN | : |
Author | : Annika Björkdahl |
Publisher | : Springer |
Total Pages | : 261 |
Release | : 2015-03-20 |
Genre | : Political Science |
ISBN | : 3319137409 |
This interdisciplinary work presents a conceptual framework and brings together constructivist and rationalist accounts of how EU norms are adopted, adapted, resisted or rejected. These chapters provide empirical cases and critical analysis of a rich variety of norm-takers from EU member states, European and non-European states, including the rejection of EU norms in Russia and Africa as well as adaptation of EU practices in Australia and New Zealand. Chapters on China, ASEAN and the Czech Republic demonstrate resistance to EU norm export. This volume probes differences in willingness to adopt or adapt norms between various actors in the recipient state and explores such questions as: How do norm-takers perceive of the EU and its norms? Is there a ‘normative fit’ between EU norms and the local normative context? Similarly, how do EU norms impact recipients’ interests and institutional arrangements? First, the authors map EU norm export strategies and approaches as they affect norm-takers. Second, the chapters recognize that norm adoption, adaption, resistance or rejection is a product of interaction and a relationship in which interdependence, asymmetry and power play a role. Third, we see that domestic circumstances within norm-takers condition the reception of norms. This book’s focus on norm-takers highlights the reflexive nature of norm diffusion and that nature has implications for the EU itself as a norm exporter. Anyone with an interest in the research agenda on norm diffusion, normative power and the EU’s normative dialogue with the world will find this book highly valuable, including scholars, policy makers and students of subjects including political science, European studies, international relations and international and EU law.
Author | : Emanuela Piccolo Koskimies |
Publisher | : Springer Nature |
Total Pages | : 163 |
Release | : 2021-10-26 |
Genre | : Political Science |
ISBN | : 3030859347 |
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
Author | : Kirsty Gover |
Publisher | : OUP Oxford |
Total Pages | : 300 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0199587094 |
Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Author | : Ingeborg Schwenzer |
Publisher | : Oxford University Press, USA |
Total Pages | : 1069 |
Release | : 2012-01-26 |
Genre | : Business & Economics |
ISBN | : 0199572984 |
This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.
Author | : Dorothy Estrada-Tanck |
Publisher | : Bloomsbury Publishing |
Total Pages | : 447 |
Release | : 2016-12-01 |
Genre | : Law |
ISBN | : 1509902384 |
Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
Author | : Breen Creighton |
Publisher | : Oxford University Press, USA |
Total Pages | : 321 |
Release | : 2020-11-05 |
Genre | : Right to strike |
ISBN | : 0198869894 |
This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.