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By Antje Wiener

The Theory of Contestation advances severe norms study in diplomacy. It scrutinises the makes use of of ‘contestation’ in diplomacy theories in regards to its descriptive and normative strength. thus, severe investigations into diplomacy are carried out in keeping with 3 pondering instruments from public philosophy and the social sciences: The normativity premise, the variety premise and cultural cosmopolitanism. The ensuing conception of contestation includes 4 major positive aspects, specifically sorts of norms, modes of contestation, segments of norms and the cycle of contestation. the idea distinguishes among the primary of contestedness and the perform of contestation and argues that, if contestedness is authorised as a meta-organising precept of world governance, general entry to contestation for all concerned stakeholders will increase valid governance within the international realm.

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Therefore this chapter focuses on the diversity premise. The following proceeds in three further sections. 1 elaborates the argument; Sect. 2 introduces the distinction of three—rather than two—distinct norm types; Sect. 3 turns to the diversity premise as the second thinking tool of the theory of contestation Sect. 4 sheds light on the concept normative baggage Sect. 5 addresses the shift from dialogue to mulitlogue. 1 Argument: The Legitimacy Gap At the constituting stage treaty law is purposefully broad-versed so as to be able to include as wide a range of signatories for a document as possible (Chayes and Chayes 1993).

It works like a cultural footprint to those bothering to look for it. It is the interaction among the participants of a multilogue about shared fundamental norms and principles then, which provides the opportunity to generate shared understandings. 3 Compare Kymlicka (1995), Owen (2011), Tully (2008a, b, 1995, 1993), Tully and Gagnon (2001), Young (1991). 4 Compare Brandom for this distinction (1998, p. 8, 14; cited in Wiener 2008, p. 205).

2012). Finally, theories of International Law have demonstrated a concern with the substantive change a norm undergoes over various stages of development from social via emergent legal norms to legal norms (Byers 2000; Toope 2003; Brunnée and Toope 2010a, b and critically; Finnemore 2000). Norms play a central role as constitutive, regulative and evaluative elements for each of these theories. While sociologically speaking they literally express ‘normality’ or ‘taken for grantedness’, and are therefore conceptualised as habitual rather than cognitive (Morris 1956; March and Olsen 1989; Price and Reus-Smit 1998), from a legal or philosophical perspective norms carry specific moral weight that establishes their legality through public deliberation (Toope 2003; Brunnée and Toope 2010a; Müller and Wunderlich 2013).

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