9781139567121 (ebook) 9781107036222 (hardback) 9781107459779 (paperback)
ASIL studies in international legal theory.
This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Normative pluralism : an exploration / Jan Klabbers and Touko Piiparinen Exploring the methodology of normative pluralism in the global age / Touko Piiparinen Peaceful coexistence : normative pluralism in international law / Jan Klabbers and Silke Trommer Inside or out : two types of international legal pluralism / André Nollkaemper Law and Honour : normative pluralism in the regulation of military conduct / Rain Liivoja Law versus code of conduct : between convergence and conflict / Katja Creutz Lex mercatoria in international arbitration / Ulla Liukkunen Law versus Tradition : human rights and witchcraft in Sub-Saharan Africa / Timo Kallinen Law versus Bureaucratic Culture : the case of the ICC and the transcendence of instrumental rationality / Touko Piiparinen Law versus Religion : state law and religious norms / Rubya Mehdi Global capital markets and financial reporting : international regulation but national application? / Pontus Troberg Responsibility to rebuild and collective responsibility : legal and moral considerations / Larry May.