Legality and Legitimacy in Global Affairs

Legality and Legitimacy in Global Affairs PDF

Author: Richard Falk

Publisher: Oxford University Press

Published: 2012-04-19

Total Pages: 468

ISBN-13: 0199781575

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"Legality and legitimacy in global affairs edited by Richard Falk, Mark Juergensmeyer, and Vesselin Popovski, brings together analyses of controversial events in international politics from top experts in field ; combines approaches to involvement between nations from across the social science disciplines ; approaches contemporary international relations from a philosophical, ethical, and legal standpoint" --

Legitimacy and Legality in International Law

Legitimacy and Legality in International Law PDF

Author: Jutta Brunnée

Publisher: Cambridge University Press

Published: 2010-08-05

Total Pages:

ISBN-13: 1139491474

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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.

Legitimacy in International Law

Legitimacy in International Law PDF

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2008-02-26

Total Pages: 423

ISBN-13: 3540777644

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There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Legitimacy & Legality in Intl Law

Legitimacy & Legality in Intl Law PDF

Author:

Publisher:

Published: 2010

Total Pages:

ISBN-13:

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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.

Legitimacy in International Society

Legitimacy in International Society PDF

Author: Ian Clark

Publisher: Oxford University Press on Demand

Published: 2005-02-24

Total Pages: 289

ISBN-13: 0199258422

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The word 'legitimacy' is seldom far from the lips of practitioners of international affairs. The legitimacy of recent events - such as the wars in Kosovo and Iraq, the post-September 11 war on terror, and instances of humanitarian intervention - have been endlessly debated by publics around the globe. And yet the academic discipline of IR has largely neglected this concept. This book encourages us to take legitimacy seriously, both as a facet of international behaviour withpractical consequences, and as a theoretical concept necessary for understanding that behaviour. It offers a comprehensive historical and theoretical account of international legitimacy. It argues that the development of principles of legitimacy lie at the heart of what is meant by an international society,and in so doing fills a notable void in English school accounts of the subject.Part I provides a historical survey of the evolution of the practice of legitimacy from the 'age of discovery' at the end of the 15th century. It explores how issues of legitimacy were interwoven with the great peace settlements of modern history - in 1648, 1713, 1815, 1919, and 1945. It offers a revisionist reading of the significance of Westphalia - not as the origin of a modern doctrine of sovereignty - but as a seminal stage in the development of an international society based on sharedprinciples of legitimacy. All of the historical chapters demonstrate how the twin dimensions of legitimacy - principles of rightful membership and of rightful conduct - have been thought about and developed in differing contexts.Part II then provides a trenchant analysis of legitimacy in contemporary international society. Deploying a number of short case studies, drawn mainly from the wars against Iraq in 1991 and 2003, and the Kosovo war of 1999, it sets out a theoretical account of the relationship between legitimacy, on the one hand, and consensus, norms, and equilibrium, on the other.This is the most sustained attempt to make sense of legitimacy in an IR context. Its conclusion, in the end, is that legitimacy matters, but in a complex way. Legitimacy is not to be discovered simply by straightforward application of other norms, such as legality and morality. Instead, legitimacy is an inherently political condition. What determines its attainability or not is as much the general political condition of international society at any one moment, as the conformity of its specificactions to set normative principles.

How to Do Things with International Law

How to Do Things with International Law PDF

Author: Ian Hurd

Publisher: Princeton University Press

Published: 2019-08-27

Total Pages: 200

ISBN-13: 0691196508

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A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

Justice, Legitimacy, and Self-Determination

Justice, Legitimacy, and Self-Determination PDF

Author: Allen Buchanan

Publisher: OUP Oxford

Published: 2003-08-21

Total Pages: 528

ISBN-13: 0191522465

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This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Globalization and Sovereignty

Globalization and Sovereignty PDF

Author: Jean L. Cohen

Publisher:

Published: 2012

Total Pages:

ISBN-13: 9781139563949

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"Sovereignty and the sovereign state are often seen as anachronisms; Globalisation and Sovereignty challenges this view. Jean L. Cohen analyses the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprising an international society of states and a global political community in which human rights and global governance institutions affect the law, policies and political culture of sovereign states. She advocates the constitutionalisation of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians and theorists of constitutionalism"--

Legality and Legitimacy in Global Affairs

Legality and Legitimacy in Global Affairs PDF

Author: Richard Falk

Publisher: OUP USA

Published: 2012-03-27

Total Pages: 469

ISBN-13: 0199781583

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"Legality and legitimacy in global affairs edited by Richard Falk, Mark Juergensmeyer, and Vesselin Popovski, brings together analyses of controversial events in international politics from top experts in field ; combines approaches to involvement between nations from across the social science disciplines ; approaches contemporary international relations from a philosophical, ethical, and legal standpoint" --