International lawyers and international relations scholars recognize that international norms change over time. Practices that were once permissible and even "normal" - like slavery, conquest, and wartime plundering - are now prohibited by international rules. Yet though we acknowledge norm change, we are just beginning to understand how and why international rules develop in the ways that they do. Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the "legalization" and "transnational activist" approaches, and argue that both are limited by their focus on international rules as outcomes. The authors then present their "cycle theory," in which norm change is continual, a product of the constant interplay among rules, behavior, and disputes. International Norms and Cycles of Change is the natural follow-on to Prohibiting Plunder, testing the cycle theory against ten empirical cases. The cases range from piracy and conquest, to terrorism, slavery, genocide, humanitarian intervention, and the right to democracy. The key finding is that, across long stretches of time and diverse substantive areas, norm change occurs via the cycle dynamic. International Norms and Cycles of Change further advances the authors' theoretical approach by arguing that international norms have been shaped by two main currents: sovereignty rules and liberal rules. Sovereignty rules are the necessary norms for establishing an international society of sovereign states and deal with the rights, prerogatives, and duties of states. Liberal rules are norms that emerged out of the Enlightenment and enshrine the basic value, dignity, and inherent rights of each person. Sandholtz and Stiles include five cases of sovereignty rules and five of liberal rules in order to reveal the broad cyclic pattern of international change in these two categories of rules.
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This book advances a new theoretical model on norm change in international law and demonstrates and tests the model by examining a series of practical cases. Beyond this, it divides the cases covered between sovereign rules and liberal rules, and argues that considering the whole cycle of norm change has clear advantages over the competing 'legalization' and 'transnational activist' approaches.
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Chapter 1. Explaining International Norm Change ; Part I: Sovereignty Rules ; Chapter 2. Banning Piracy: The State Monopoly on Military Force ; Chapter 3. The End of Conquest: Consolidating Sovereign Rights ; Chapter 4. Protecting Cultural Treasures in Wartime ; Chapter 5. Terrorism: Reinforcing States' Monopoly on Force ; Chapter 6. Extraterritoriality: Expanding Exclusive Internal Jurisdiction ; Part II: Liberal Rules ; Chapter 7. Slavery: Liberal Norms and Human Rights ; Chapter 8. Genocide ; Chapter 9. Refugees and Asylum ; Chapter 10. Humanitarian Intervention: Liberal Norms vs. Sovereignty Norms ; Chapter 11. The Right to Democracy ; Chapter 12. Conclusion
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Selling point: Explains how practices that were once permissible and even "normal" - like slavery, conquest, and wartime plundering - are now prohibited by international rules Selling point: Demonstrates why a 'cycles' approach offers a comprehensive and illuminating way to study norm change Selling point: Reveals the broad pattern of international rule change within both sovereignty rules and liberal rules
Les mer
Wayne Sandholtz is Professor of Political Science at the University of California, Irvine and the author of Prohibiting Plunder: How Norms Change (OUP, 2007). Kendall Stiles is an Associate Professor of Political Science at Brigham Young University and the author of Case Histories in International Politics, 3rd edition (Addison-Wesley-Longman, 2003).
Les mer
Selling point: Explains how practices that were once permissible and even "normal" - like slavery, conquest, and wartime plundering - are now prohibited by international rules Selling point: Demonstrates why a 'cycles' approach offers a comprehensive and illuminating way to study norm change Selling point: Reveals the broad pattern of international rule change within both sovereignty rules and liberal rules
Les mer

Produktdetaljer

ISBN
9780195380088
Publisert
2008
Utgiver
Vendor
Oxford University Press Inc
Vekt
739 gr
Høyde
236 mm
Bredde
168 mm
Dybde
36 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
432

Biographical note

Wayne Sandholtz is Professor of Political Science at the University of California, Irvine and the author of Prohibiting Plunder: How Norms Change (OUP, 2007). Kendall Stiles is a Professor of Political Science at Brigham Young University and the author of Case Histories in International Politics, 3rd edition (Addison-Wesley-Longman, 2003).