The Law and Politics of International Regime Conflict by Dirk Pulkowski

By Dirk Pulkowski

The overseas order is constituted via a plurality of overseas regimes - institutionalized preparations in numerous factor parts that own their very own norms and methods. the current ebook examines how clash between regimes might come up and probes the function that overseas legislations can play in coping with such clash. in the course of the publication, the instance of alternate in cultural items is used to demonstrate the evolution of regime clash and the opportunity of its administration. Conflicts among the objectives of 'free exchange' and 'cultural range' have significantly surfaced in the international alternate association (WTO) and the United countries academic, medical and Cultural association (UNESCO). for that reason, there's a capability for clash between WTO legislation, the UNESCO's conference at the safety and advertising of the variety of Cultural Expressions, and human rights.

The publication posits that 3 dimensions are attribute for regime clash: First, regime clash is a functionality of clash between assorted social targets or values. moment, such aim conflicts are institutionalized during the interplay of quite a few political actors suffering for impact, usually in intergovernmental enterprises. 3rd, regime clash could present itself in conflicts of felony ideas. If a kingdom acts in conformity with the foundations of 1 regime, its behavior may well set off a contravention of the principles of one other regime.

The writer argues that, whereas overseas legislations can't be construed as an absolutely built-in and unified method, it does supply a standard language for various regimes to have interaction with one another. The shared discourse ideas of overseas legislation allow a level of coordination of the rules of alternative regimes, particularly via options of interpretation and felony precedence ideas. overseas legislations contributes to the administration of regime clash through offering usually permitted purposes for selecting between competing coverage objectives.

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One and the same national policy measure—say, a subsidy to independent domestic film producers—may fall squarely under the ‘white list’ of desirable practices under UNESCO’s CDC and under the ‘black list’ of prohibited or actionable subsidies under WTO law. At the same time, it is difficult to predict how such a measure would fare under the human rights regime: would it be a desirable strategy to ensure larger domestic participation in cultural life or an attempt to curtail communicative freedoms with respect to foreign productions?

M. Dupuy, ‘L’unité de l’ordre juridique international’, 297 RdC (2002) 1. 3 ╇ G. Hafner, ‘Risks Ensuing from the Fragmentation of International Law’, in International Law Commission, Report on the work of its fifty-third session, Annex, Official Records of the General Assembly, Fifty-second Session, Supplement No. 10 (A/55/10) 321. 4 ╇ Hafner, note 3, at 331. indb 21 1/20/2014 4:34:21 PM 22 Regime Conflict as Goal Conflict they produce law within the process. Legal pluralists now claim that, similarly, the international legal order has become ‘internally pluralistic’.

62 ╇ The quotations are from the First Written Submission by the European Communities in EC— Measures Affecting the Approval and Marketing of Biotech Products, DS291-3, 17 May 2004, paras 457 and 459, in which the European Communities made precisely this argument with respect to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, Montreal, 29 January 2000. S. Lotus (France v. Turkey), 1927 PCIJ, Series A, No. 10, 18. M. Reisman, Jurisdiction in International Law (1999) xiii) was usefully complemented by a small body of substantive rules focused on interstate coordination (for example, the law of diplomatic relations).

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