David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Many scholars have written about the changes in international humanitarian law in recent years. Many have seen this change in the environment of International humanitarian law as a result of greater application of human rights in this area of law. This article approaches the changes in international humanitarian law from a different perspective, that of law and economics. The main claim in this article is that recent changes in international humanitarian law could be seen as a change from a rule based normative system, to a standard based one. The differences between a rule system and a standard system lie not in the complexity of the norms, but in the questions of who makes decisions and when are decisions taken. In a rule - the decisions are taken before the fact, and in a standard - after the fact. This article then evaluates the advantages and disadvantages of this move from rules to standards, and offers some observations and future possibilities for research.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Only published papers are available at libraries|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Jennifer Rubenstein (2005). Fiona Terry, Condemned to Repeat? The Paradox of Humanitarian Action, and Brian D. Lepard, Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions:Condemned to Repeat? The Paradox of Humanitarian Action;Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions. Ethics 115 (4):850-853.
Jeremy J. Sarkin & Carly Fowler (2008). Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia. [REVIEW] Human Rights Review 9 (3):331-360.
Translated by Noëlle Quénivet & Danja Blöcher (2004). Thevarvarincase: Excerpts of the Judgment of the Civil Court of Bonn of 10 December 2003, Case No. 1 O 361/02. Journal of Military Ethics 3 (2):178-180.
Vik Kanwar, Re-Tooling the Rule of Law: Instrumentalism and the Implementation of Humanitarian Law in Failed and Fragile States.
Robert E. Goodin (2005). Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers. [REVIEW] Journal of Ethics 9 (1-2):225 - 246.
Added to index2009-01-28
Total downloads6 ( #162,933 of 1,089,063 )
Recent downloads (6 months)0
How can I increase my downloads?