Franklin

Legitimacy and legality in international law : an interactional account / Jutta Brunnée, Stephen J. Toope.

Author/Creator:
Brunnée, Jutta, author.
Publication:
Cambridge : Cambridge University Press, 2010.
Format/Description:
Book
1 online resource (xviii, 411 pages) : digital, PDF file(s).
Series:
Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 67.
Cambridge studies in international and comparative law ; 67
Status/Location:
Loading...

Options
Location Notes Your Loan Policy

Details

Other Title:
Legitimacy & Legality in International Law
Subjects:
International law -- Social aspects.
International law -- Psychological aspects.
Obedience (Law).
Rule of law.
Effectiveness and validity of law.
Summary:
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Contents:
Introduction
An interactional theory of international legal obligation
Shared understandings : the underpinnings of law
Interactional law and compliance : law's hidden power
Climate change : building a global legal regime
Torture : undermining normative ambition
The use of force : normative ebb and flow
Conclusion.
Notes:
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Contributor:
Toope, Stephen J. (Stephen John), author.
Other format:
Print version:
ISBN:
9780511781261 (ebook)
9780521880657 (hardback)
9780521706834 (paperback)
Access Restriction:
Restricted for use by site license.