The Law and Politics of International Regime Conflict

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Dirk Pulkowski (Legal Counsel, Legal Counsel, Permanent Court of Arbitration, The Hague)

The Law and Politics of International Regime Conflict

Dirk Pulkowski (Legal Counsel, Legal Counsel, Permanent Court of Arbitration, The Hague)

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English

Oxford University Press
26 February 2014

Comparative law; International economic & trade law; International organisations & institutions; Private international law & conflict of laws

The international order is constituted by a plurality of international regimes - institutionalized arrangements in different issue areas that possess their own norms and procedures. The present book examines how conflict among regimes may arise and probes the role that international law can play in managing such conflict. Throughout the book, the example of trade in cultural products is used to illustrate the evolution of regime conflict and the potential for its management. Conflicts between the goals of 'free trade' and 'cultural diversity' have notably surfaced within the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). As a result, there is a potential for conflict among WTO law, the UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and human rights.

The book posits that three dimensions are characteristic for regime conflict: First, regime conflict is a function of conflict among different social goals or values. Second, such goal conflicts are institutionalized through the interaction of a variety of political actors struggling for influence, often in intergovernmental organizations. Third, regime conflict may manifest itself in 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.

The author argues that, while international law cannot be construed as a fully integrated and unified system, it does provide a common language for different regimes to engage with each other. The shared discourse rules of international law enable a degree of coordination of the policies of different regimes, notably through techniques of interpretation and legal priority rules. International law contributes to the management of regime conflict by providing commonly accepted reasons for choosing among competing policy goals.

By: Dirk Pulkowski (Legal Counsel Legal Counsel Permanent Court of Arbitration The Hague)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 162mm, Spine: 29mm
Weight: 736g
ISBN: 9780199689330
ISBN 10: 0199689334
Pages: 396
Publication Date: 26 February 2014
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

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 the trade and arbitration group of an international law firm in Brussels. Mr. Pulkowski holds a doctoral degree from the University of Munich and an LL.M. degree from Yale Law School. He is qualified to practice law in Germany.

Reviews for The Law and Politics of International Regime Conflict

Pulkowski performs a useful service by playing out his strategies in a specific context and doing so in a theoretically sophisticated and systematic way. As such this book is an important contribution to the new generation of scholarship on global legal pluralism. * Paul Schiff Berman, German Yearbook of International Law * Pulkowski succeeds in bringing some light into the dark, at least as far as the aspect of regime conflict is concerned...it is certainly an interesting book. * Eckart Klein, Netherlands International Law Review * Thoroughly researched and elegantly written, The Law and Politics of International Regime Conflict should be widely recognised as a vital addition to the literature on the fragmentation of international law. It succeeds in getting beyond the now rather stagnant debate on the 'nature' of the international legal system (or systems) by exploring new and productive ways of looking at international legal structure that are informed by anthropology and sociology as well as legal theory. * Daniel Ari Baker, European Business Organization Law Review *