Introduction

2019 ◽  
Vol 11 (2) ◽  
pp. 137-148
Author(s):  
Gregor P. Hofmann ◽  
Lisbeth Zimmermann
Keyword(s):  
International Law ◽  
International Norms ◽  
Responsibility To Protect ◽  
Special Issue ◽  
Major Field ◽  
Theoretical Perspectives

Contestation is currently one major field of research on international norms: does contestation strengthen or weaken a norm? What role does international law play in this regard? How do norm proponents and norm challengers change their strategies in norm contestation processes? Drawing on constructivist perspectives as well as on international law, the articles in this Special Issue explore the effects of norm contestation and its dynamics by analysing the Responsibility to Protect ( R2P ) and the responsibility to prosecute from different theoretical perspectives.

scholarly journals After fragmentation: Norm collisions, interface conflicts, and conflict management

2020 ◽  
Vol 9 (2) ◽  
pp. 241-267 ◽  
Author(s):  
CHRISTIAN KREUDER-SONNEN ◽  
MICHAEL ZÜRN
Keyword(s):  
International Relations ◽  
Conflict Management ◽  
International Law ◽  
International Norms ◽  
Legal Order ◽  
Special Issue ◽  
Institutional Pluralism ◽  
Micro Level ◽  
Institutional Order

AbstractFragmentation, institutional overlaps, and norm collisions are often seen as fundamental problems for the global (legal) order. Supposedly, they incite conflict and disorder. However, some scholars have also emphasised functional and normative advantages of the resulting institutional pluralism. We argue that the consequences of the increasing international institutional density are conditional on whether and how different norms, institutions, and authorities are coordinated. In distinction from the fragmentation framework in international law and the regime complexity framework in international relations, this introduction outlines an interface conflict framework that enables important insights into this question and guides the contributions assembled in this issue. It zooms in on the micro-level of conflict between actors that justify incompatible positional differences with reference to different international norms. In particular, the concept of interface conflicts allows studying the conditions under which overlaps and norm collisions become activated in conflicts as well as the ways in which such conflicts are handled. Foreshadowing the main findings of the contributions to this Special Issue, we hold that interface conflicts are neither inevitable nor unmanageable. Most importantly, it seems that, more often than not, conflicts stimulate cooperative forms of management and contribute to the building of inter-institutional order.

Part III General International Law, Ch.26 Cultural Heritage and State Responsibility

2020 ◽  
Author(s):  
Vigni Patrizia
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
International Norms ◽  
Responsibility To Protect ◽  
State Responsibility ◽  
Customary International Law ◽  
International Obligations

This chapter determines to what extent international norms on State responsibility may be applied in cases of the violation of international obligations concerning cultural heritage. It determines to which State wrongful behaviour may be attributed; second, which breaches of law consist in wrongful acts; third, whether such responsibility may be precluded; fourth, what consequences arise from the recognition of State responsibility including which persons are entitled to invoke such responsibility. Although cultural heritage treaties do not provide for a distinctive responsibility regime, the Draft Articles on State Responsibility are applicable to wrongful acts arising from the breach of the obligations established by these treaties. Moreover, the breach of the norms relating to cultural heritage, which have been recognized as part of customary international law, entails the application of general principles on State responsibility, including those contained in the Draft Articles. The chapter then considers the principle of ‘responsibility to protect’.

Conclusion

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
International Norms ◽  
Individual Rights ◽  
A Posteriori ◽  
Legal Personality ◽  
International Legal Personality

Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of international legal personality; (2) that, consequently, the international legal personality of any entity is solely a matter of (presumption-free) interpretation of international norms; and (3) that we must abandon both the widespread presumption against direct individual rights and obligations (in accordance with the ‘modified States-only’ conception of international legal personality) and the use of the orthodox ‘States-only’ conception of international legal personality as means to distinguish between international law and national law.

Responsibility and obligation in the ‘Responsibility to Protect’

2010 ◽  
Vol 36 (S1) ◽  
pp. 25-46 ◽  
Author(s):  
WILLIAM BAIN
Keyword(s):  
International Law ◽  
Real World ◽  
The Other ◽  
Responsibility To Protect ◽  
Men And Women ◽  
The Real

AbstractThis article takes up Louise Arbour's claim that the doctrine of the ‘Responsibility to Protect’ is grounded in existing obligations of international law, specifically those pertaining to the prevention and punishment of genocide. In doing so, it argues that the aspirations of the R2P project cannot be sustained by the idea of ‘responsibility’ alone. The article proceeds in arguing that the coherence of R2P depends on an unacknowledged and unarticulated theory of obligation that connects notions of culpability, blame, and accountability with the kind of preventive, punitive, and restorative action that Arbour and others advocate. Two theories of obligation are then offered, one natural the other conventional, which make this connection explicit. But the ensuing clarity comes at a cost: the naturalist account escapes the ‘real’ world to redeem the intrinsic dignity of all men and women, while the conventionalist account remains firmly tethered to the ‘real’ world in redeeming whatever dignity can be had by way of an agreement. The article concludes by arguing that the advocate of the responsibility to protect can have one or the other, but not both.

scholarly journals Virtual and Other Learning Spaces: Introduction to the Special Issue

2016 ◽  
pp. 110-114
Keyword(s):  
Language Learning ◽  
Opportunity To Learn ◽  
Editorial Team ◽  
Proximal Development ◽  
Special Issue ◽  
Multiple Perspectives ◽  
Learning Spaces ◽  
Access Management ◽  
Theoretical Perspectives ◽  
Physical Spaces

Welcome to issue 7(2) of SiSAL Journal, which is a special issue on virtual and other learning spaces. The idea for putting together this special issue arose for two reasons. Firstly, we were inspired by the of submissions for the Self-Access Stories project edited by Katherine Thornton whose aim was to “highlight specific experiences of various areas of self-access management in practice, with a view to providing multiple perspectives on each issue” (Thornton, 2015). Some of the submissions and the ensuing discussion on the topic of virtual and other learning spaces prompted the editorial team to do a further call for papers for this special issue. The second reason for putting together this issue reason is that our own institution is currently preparing for a move to a larger, brand new purpose-built facility and this has inevitably resulted in our reevaluating interpretations of self-access for our own context. We wanted the opportunity to learn from others and invite them to the conversation. Environmental factors play a role in students’ learning both inside and outside the classroom and through this special issue we hoped to explore physical spaces, virtual spaces, and even metaphorical spaces in learning, e.g. Vygotsky’s Zone of Proximal Development – ZPD, or Murphey’s Zones of Proximal Adjusting – ZPA (Murphey, 1996; 2013) from both the practical and theoretical perspectives. This issue contains four full papers, one discussion article edited by Hisako Yamashita, and three papers that form the fifth part of the language learning spaces column edited by Katherine Thornton.

scholarly journals Is the Responsibility to Protect an Accepted Norm of International Law in the post-Libya Era?

2018 ◽  
pp. 11
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Building Blocks ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
One Dimensional

This article explores the Responsibility to Protect (RtoP) in the post-Libya era to determinewhether it is now an accepted norm of international law. It examines what RtoP means intoday`s world and whether the norm now means that steps will be taken against states thatare committing serious human rights violations. The building blocks of RtoP are examined tosee how to make the doctrine more relevant and more applicable. It is contended that theresponsibility to react should be viewed through a much wider lens and that it needs to bemore widely interpreted to allow it to gain greater support. It is argued that there is a need tofocus far more on the responsibility to rebuild and that it ought to focus on the transitionallegal architecture as well as transitional justice. It is contended that these processes ought notto be one-dimensional, but ought to have a variety of constituent parts. It is further arguedthat the international and donor community ought to be far more engaged and far moredirective in these projects.

scholarly journals Comparative International Law

2018 ◽  
Keyword(s):  
International Law ◽  
International Norms ◽  
Domestic Institutions ◽  
Legal Norms ◽  
Legal Rules ◽  
Diverse Backgrounds ◽  
Geographic Differences ◽  
Similarities And Differences ◽  
Cross Country ◽  
The One

By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and other times adopt different, interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation, in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far largely unexamined, object of comparison. This is the premise for this book, and for what the editors call “comparative international law.” This book achieves three goals. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. The book’s contributors include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas.

scholarly journals International marketing strategies of emerging market firms

2018 ◽  
Vol 35 (2) ◽  
pp. 202-214 ◽  
Author(s):  
Nathaniel Boso ◽  
Yaw A. Debrah ◽  
Joseph Amankwah-Amoah
Keyword(s):  
Marketing Strategy ◽  
Emerging Market ◽  
International Marketing ◽  
Marketing Strategies ◽  
Future Research ◽  
Special Issue ◽  
Content Type ◽  
Theoretical Perspectives ◽  
International Marketing Strategy ◽  
Emerging Market Firms

Purpose The purpose of this paper is twofold: to publish scholarly works that extend knowledge on the drivers, consequences and boundary conditions of international marketing strategies employed by emerging market firms of all sizes and types; and to advance a narrative for future research on emerging market firms’ international marketing activities. Design/methodology/approach To achieve this agenda, the authors invited scholars to submit quality manuscripts to the special issue. Manuscripts that addressed the special issue theme from varied theoretical perspectives and methodological approaches were invited. Findings Out of 70 manuscripts reviewed, 7 are eventually accepted for inclusion in this special issue. The papers touched on interesting research topics bothering on international marketing practices of emerging market firms using blend of interesting theoretical perspectives and variety of methods. Key theoretical perspectives used include resource-based theory, internationalization theory, institutional theory and corporate visual identity theory. The authors employed unique sets of methods including literature review, surveys, panel data, and process-based qualitative and case-study enquiries. The authors used some of the most advanced analytical techniques to analyze their data. Originality/value This introduction to the special issue provides a review of the extant literature on the international marketing strategy of emerging market firms, focusing on summarizing key empirical contributions on the topic over the last three decades. Subsequently, the authors discuss how each paper included in this special issue helps advance the agenda to develop scholarly knowledge on emerging market firms’ international marketing strategy.

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