The Law and Politics of International Regime Conflict

Hardcover | March 13, 2014

byDirk Pulkowski

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The international order is constituted by a plurality of international regimes-institutionalized arrangements in different areas which possess their own norms and procedures. This book examines how conflicts among regimes may arise, and investigates the role that international law can play inmanaging these regime conflicts. The book posits that three dimensions are characteristic for regime conflicts: First, they can reflect a conflict between the overall goals of the different regimes. Second, such conflicts are institutionalized and perpetuated through the interaction of the actorsrepresenting these regimes, reflecting political power struggles betweeen institutions. Third, regime conflicts may manifest themselves in direct conflicts of legal rules: if a state acts in conformity with the rules of one regime, its conduct may trigger a violation of the rules of another regime. Throughout the book, the example of trade in cultural products is used to illustrate the evolution of regime conflicts and the potential for their management. Conflicts between the goals of "free trade" and "cultural diversity" have notably surfaced within the World Trade Organization (WTO) and theUnited Nations Educational, Scientific and Cultural Organization (UNESCO). As a result, there is a potential for rule conflicts among WTO law, the UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and human rights. The book argues that while international law may not wholly function as an integrated and fully unified system, it does provide a common language for different regimes to engage with each other, based on shared rules of discourse. This common language can allow for the policies of variousinternational regimes to be coordinated together. The book asserts that ultimately international law can help manage regime conflicts by preventing conflicts of rules through these common techniques of interpretation, and by providing the tools for adjudicating any conflicts of rules that mayremain.

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The international order is constituted by a plurality of international regimes-institutionalized arrangements in different areas which possess their own norms and procedures. This book examines how conflicts among regimes may arise, and investigates the role that international law can play inmanaging these regime conflicts. The book po...

Dirk Pulkowski is a Legal Counsel at the Permanent Court of Arbitration (PCA) in The Hague, where he serves as registrar in arbitrations between states and investor-state arbitrations. Prior to joining the PCA, Mr Pulkowski worked as a lawyer at an international law firm in Brussels. Mr Pulkowski holds a doctoral degree from the Unive...
Format:HardcoverDimensions:400 pagesPublished:March 13, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199689334

ISBN - 13:9780199689330

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Table of Contents

Introduction - Is Culture One Thing and Trade Another?Part I: Three Dimensions of Regime Conflicts1. Regime Conflicts as Legal Pluralism2. Goal Conflicts between 'Cultural Diversity' and 'Free Trade'3. Regime Conflicts as Power Struggle4. Institutional Conflicts within WTO and UNESCO5. Regime Conflicts as Rule Conflicts within the Law6. Rule Conflicts among WTO Rules, the CDC, and Human RightsPart II: Managing Regime Conflicts7. From Legal Unity to Regime Compatibility8. Conflict Management through Legal Interpretation9. Conflict Management through Priority Rules10. Reconciling Market Access and Cultural Freedom