Conflict can occur when a body of law regulating one aspect of international activity does not correspond with the rules of another. This book uses trade in cultural products to illustrate that, rather than being a question of accidental overlap, such conflicts stem from different regimes having fundamentally different goals.
Conflict can occur when a body of law regulating one aspect of international activity does not correspond with the rules of another. This book uses trade in cultural products to illustrate that, rather than being a question of accidental overlap, such conflicts stem from different regimes having fundamentally different goals.
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.
Inhaltsangabe
* Part I: Dimensions of Regime Conflict * 1. Culture Is One Thing and Varnish Is Another * I: Introduction * II: Regulating Trade in Cultural Products * III: Regime Conflict and the Fragmentation of International Law * IV: The Plan of This Book * 2. Regime Conflict as Goal Conflict * I: Introduction * II: Toward a Heterarchy of Goal-Specific Regimes * III: Goal Conflicts Arising from Trade in Cultural Products * IV: Conclusion * 3. Regime Conflict as Institutional Conflict and Power Struggle * I: Introduction * II: The Politics of Regime Formation and Regime Interaction * III: Regime Shifting and Regime Conflict: Trade and Culture * IV: Conclusion * 4. Regime Conflict as Conflict among Legal Rules * I: Introduction * II: A Theory of Conflict of Rules * III: Conflict Scenarios Relating to Trade in Cultural Products * IV: Conclusion * Part II: Management of Regime Conflict * 5. The (Ir)relevance of International Law for Conflict Management * I: Introduction * II: Pluralistic Challenges to the Relevance of International Law * III: Legal Conflict Management within a Unitary International Legal Order * IV: Conclusion * 6. From Legal Unity to Communicative Compatibility * I: Introduction * II: International Law as a Regime-transcendent Grammar * III: Shared Background Assumptions of International Relations * IV: Conclusion * 7. Conflict Management through Legal Interpretation * I: Introduction * II: A Theory of Harmonizing Interpretation * III: Accommodating the Trade Regime, the Culture Regime and Human Rights * IV: Conclusion * 8. Conflict Management through Priority Rules * I: Introduction * II: A Typology of Priority Rules * III: Conflicts among the Trade Regime, the Culture Regime, and Human Rights * IV: Conclusion * Bibliography
* Part I: Dimensions of Regime Conflict * 1. Culture Is One Thing and Varnish Is Another * I: Introduction * II: Regulating Trade in Cultural Products * III: Regime Conflict and the Fragmentation of International Law * IV: The Plan of This Book * 2. Regime Conflict as Goal Conflict * I: Introduction * II: Toward a Heterarchy of Goal-Specific Regimes * III: Goal Conflicts Arising from Trade in Cultural Products * IV: Conclusion * 3. Regime Conflict as Institutional Conflict and Power Struggle * I: Introduction * II: The Politics of Regime Formation and Regime Interaction * III: Regime Shifting and Regime Conflict: Trade and Culture * IV: Conclusion * 4. Regime Conflict as Conflict among Legal Rules * I: Introduction * II: A Theory of Conflict of Rules * III: Conflict Scenarios Relating to Trade in Cultural Products * IV: Conclusion * Part II: Management of Regime Conflict * 5. The (Ir)relevance of International Law for Conflict Management * I: Introduction * II: Pluralistic Challenges to the Relevance of International Law * III: Legal Conflict Management within a Unitary International Legal Order * IV: Conclusion * 6. From Legal Unity to Communicative Compatibility * I: Introduction * II: International Law as a Regime-transcendent Grammar * III: Shared Background Assumptions of International Relations * IV: Conclusion * 7. Conflict Management through Legal Interpretation * I: Introduction * II: A Theory of Harmonizing Interpretation * III: Accommodating the Trade Regime, the Culture Regime and Human Rights * IV: Conclusion * 8. Conflict Management through Priority Rules * I: Introduction * II: A Typology of Priority Rules * III: Conflicts among the Trade Regime, the Culture Regime, and Human Rights * IV: Conclusion * Bibliography
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