The Law and Politics of International Regime Conflict

Pulkowski, Dirk

doi:10.1093/acprof:oso/9780199689330.001.0001

Cited by 75 publications

(12 citation statements)

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“…Dirk Pulkowski favors the resolution of such conflicts on the basis of which regime would be more impaired by non-application. 38 This approach is known from traditional conflict of laws, where it was originally developed for conflicts within a federal system, to be administered from a hierarchically superior position. 39 Michaels and Pauwelyn, finally, suggest that different constellations yield different responses.…”

Section: B Existing Proposalsmentioning

confidence: 99%

Global Legal Pluralism and Conflict of Laws

Michaels

2020

The Oxford Handbook of Global Legal Pluralism

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Global legal pluralism makes three claims about law: (1) law includes both state law and nonstate law; (2) there is a plurality of laws; (3) laws overlap and interact in certain ways. Among these, the third one is the most difficult one and at the same time the one least theorized. Pluralists lack the instruments to deal with them. The main reason is that they, with rare exceptions, ignore conflict of laws as the discipline that deals with such overlaps and interactions. As a consequence, discussions have stalled: global legal pluralism is widely accepted as a helpful description of law in the world, but because a more precise conceptualization and theorization is lacking, that description has little impact for further analysis. This chapter introduces conflict of laws as a technique and as a discipline to scholars of global pluralists. And it makes the case for why conflict of laws is the adequate discipline, doctrinally and epistemologically, to deal with overlaps and interactions of laws in global legal pluralism. Conflict of laws is superior to other techniques of dealing with diversity due to its experience. Moreover, it is superior to other epistemologies due to a number of its characteristics, in particular its decentralized nature, its technical character, and its ethical position. Scholars working in global legal pluralism would do well to engage with it in a more comprehensive fashion.

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Section: B Existing Proposalsmentioning

confidence: 99%

Global Legal Pluralism and Conflict of Laws

Michaels

2020

The Oxford Handbook of Global Legal Pluralism

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“…Dirk Pulkowski also emphasize that the regime is a structure, not an actor. The regime is created by states, intergovernmental organizations, and nongovernmental organizations in the process of international socialization, which regulates common norms and principles to produce appropriate behavior on is-Copyright © 2018, Otoritas : Jurnal Ilmu Pemerintahan, ISSN: 2088-3706 (Print), ISSN: 2502-9320 (Online) sues that reflect mutual interests (Pulkowski, 2014). Participation in the regime can encourage the same standard of behavior in dealing with an issue.…”

Section: International Regimementioning

confidence: 99%

“…Participation in the regime can encourage the same standard of behavior in dealing with an issue. International regime form by states while the existence of a regime can also alter and shape state behavior through commitment within the regime itself (Pulkowski, 2014). Pulkowski explained that intergovernmental organizations can act as international regime actors because international organizations can act as institutions that propagate norms and models of good political behavior (Pulkowski, 2014).…”

Section: International Regimementioning

confidence: 99%

Resolving the Illicit Trade of Small Arms and Light Weapon through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

Hiswi

2018

otoritas

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This paper analyses the cooperation of states in Southeast Asia within the framework established by ASEAN, that is ASEAN Ministerial Meeting on Transnational Crime (AMMTC) to resolving the illicit trade of Small Arms and Light Weapon in the region. Most of existing works on the topic being studied put emphasize on the importance of the existence of norms, the role of institutions and security cooperation in resolving the illicit weapons trade. However, the existing studies have not explained why the existing form of cooperation has not been effective. By the approaching of international regime theory, this article explains the interest based of regime that explain the background of regime formation which could influence state behavior to cooperate and successfully implement the rules of the international regime itself. The research applying qualitative research methods with data sourced from primary and secondary data from ASEAN official documents, books, journals, online news. This article shows that the effectivity of AMMTC to deal with the illicit Small Arms Trade is strongly influenced by the implementation commitment of the state members.

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“…abstraktní objekty tvořící přijatelný či zakázaný způsob chování prostřednic-tvím morálního důvodu) [Bix, 2015] a rozhodovacích procedur (tj. vyjednávání vedoucí k tvorbě a k uplatnění politického rozhodnutí) [Ciot, 2014;Persson, 2015;Pulkowski, 2014]. Srovnání veřejných statků shrnuje tabulka 1.…”

Section: Poskytování Veřejných Statků a Prostorový Rozsah Jejich Přínosuunclassified

Global Public Goods: The Case for the Global Earth Observation System of Systems

Machoň¹

2017

AOP

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Global Public Goods: The Case for the Global Earth Observation System of Systems The debate surrounding the provision of welfare by state institutions has been widely discussed in the field of political economics since the 1930s. Related research also focuses on welfare supply at an international system level. This article assesses whether international cooperation in the area of sharing remote sensing data leads to the supply of global public goods, which to date has not yet been discussed in related scholarly literature. The supply of global public goods is assessed within the GEO international regime and leads to the use of the non-rivalrous GEOSS, which can be accessed by every socio-economic group in every UN member country including future generations. However, providing the benefit of GEOSS is not always favourable because of the low number of financially participating consumers.

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The Law and Politics of International Regime Conflict

Cited by 75 publications

References 0 publications

Global Legal Pluralism and Conflict of Laws

Global Legal Pluralism and Conflict of Laws

Resolving the Illicit Trade of Small Arms and Light Weapon through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

Global Public Goods: The Case for the Global Earth Observation System of Systems

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