prohibiting plunder how norms change

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Prohibiting Plunder

Author : Wayne Sandholtz
ISBN : 0199725470
Genre : Art
File Size : 20. 32 MB
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For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.

International Norms And Cycles Of Change

Author : Wayne Sandholtz
ISBN : STANFORD:36105131760451
Genre : Law
File Size : 23. 56 MB
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Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.

Norm Antipreneurs And The Politics Of Resistance To Global Normative Change

Author : Alan Bloomfield
ISBN : 9781317479574
Genre : Political Science
File Size : 72. 99 MB
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Over recent decades International Relations scholars have investigated norm dynamics processes at some length, with the ‘norm entrepreneur’ concept having become a common reference point in the literature. The focus on norm entrepreneurs has, however, resulted in a bias towards investigating the agents and processes of successful normative change. This book challenges this inherent bias by explicitly focusing on those who resist normative change - norm ‘antipreneurs’. The utility of the norm antipreneur concept is explored through a series of case studies encompassing a range of issue areas and contributed by a mix of well-known and emergent scholars of norm dynamics. In examining the complexity of norm resistance, particular attention is paid to the nature and intent of the actors involved in norm-contestation, the sites and processes of resistance, the strategies and tactics antipreneurs deploy to defend the values and interests they perceive to be threatened by the entrepreneurs, and whether it is the entrepreneurs or the antipreneurs who enjoy greater inherent advantages. This text will therefore be of interest to scholars and students of International Relations, International Law, Political Science, Sociology and History.

Normative Change And Security Community Disintegration

Author : Simon Koschut
ISBN : 9783319303246
Genre : Political Science
File Size : 31. 21 MB
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This book develops a theoretical and empirical argument about the disintegration of security communities, and the subsequent breakdown of stable peace among nations, through a process of norm degeneration. It draws together two key bodies of contemporary IR literature – norms and security communities – and brings their combined insights to bear on the empirical phenomenon of disintegration. The investigation of normative change in IR is becoming increasingly popular. Most studies, however, focus on its progressive connotation. The possibility of a weakening or even disappearance of an established peaceful normative order, by contrast, tends to be often either neglected or implicitly assumed. Normative Change and Security Community Disintegration: Undoing Peace advances the contemporary body of research on the important role of norms and ideas by analytically extending recent Constructivist arguments about international norm degeneration to the regional level and by applying them to a particular type of regional order – a security community.

How Interpretation Makes International Law

Author : Ingo Venzke
ISBN : 9780191631955
Genre : Law
File Size : 72. 47 MB
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Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.

Arms And Influence

Author : Jeffrey S. Lantis
ISBN : 9780804799843
Genre : Political Science
File Size : 29. 9 MB
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Arms and Influence explores the complex relationship between technology, policymaking, and international norms. Modern technological innovations such as the atomic bomb, armed unmanned aerial vehicles (UAVs), and advanced reconnaissance satellites have fostered debates about the boundaries of international norms and legitimate standards of behavior. These advances allow governments new opportunities for action around the world and have, in turn, prompted a broader effort to redefine international standards in areas such as self-defense, sovereignty, and preemptive strikes. In this book, Jeffrey S. Lantis develops a new theory of norm change and identifies its stages, including redefinition (involving domestic political deliberations) and constructive norm substitution (in multilateral institutions). He deftly takes some of the most controversial new developments in military technologies and embeds them in international relations theory. The case evidence he presents suggests that periods of change are underway across numerous different issue areas.

Culture In Law And Development

Author : Lan Cao
ISBN : 9780199362929
Genre : Law
File Size : 50. 69 MB
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The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

Research Handbook On The Theory And Practice Of International Lawmaking

Author : Catherine Brölmann
ISBN : 9781781953228
Genre : Law
File Size : 43. 98 MB
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The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

Looting And Rape In Wartime

Author : Tuba Inal
ISBN : 9780812244762
Genre : Political Science
File Size : 67. 45 MB
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Looting and Rape in Wartime examines the causes of the hundred-year gap between the prohibition against wartime looting and that against rape, theorizing the conditions necessary for the emergence of a global prohibition regime in which a particular practice is not tolerated.

Plunder And Deceit

Author : Mark R. Levin
ISBN : 9781451606300
Genre : Political Science
File Size : 63. 6 MB
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In a like-minded appeal to reason and audacity, calls for a new civil rights movement that fosters liberty and prosperity and ceases the exploitation of young people by statist masterminds.

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