Evading International Norms - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Evading International Norms write by Zoltan Buzas. This book was released on 2021-01-01. Evading International Norms available in PDF, EPUB and Kindle. 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.
Customary International Humanitarian Law
Customary International Humanitarian Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Customary International Humanitarian Law write by Jean-Marie Henckaerts. This book was released on 2005-03-03. Customary International Humanitarian Law available in PDF, EPUB and Kindle. Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Conflict of Norms in Public International Law
Conflict of Norms in Public International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Conflict of Norms in Public International Law write by Joost Pauwelyn. This book was released on 2003-07-31. Conflict of Norms in Public International Law available in PDF, EPUB and Kindle. One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Nationality of Foundlings
Nationality of Foundlings - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Nationality of Foundlings write by Mai Kaneko-Iwase. This book was released on 2021-09-24. Nationality of Foundlings available in PDF, EPUB and Kindle. This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.
Beyond Charity: International Cooperation and the Global Refugee Crisis
Beyond Charity: International Cooperation and the Global Refugee Crisis - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Beyond Charity: International Cooperation and the Global Refugee Crisis write by Gil Loescher. This book was released on 1996-08-08. Beyond Charity: International Cooperation and the Global Refugee Crisis available in PDF, EPUB and Kindle. 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.
