Legitimacy And Legality In International Law
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Legitimacy And Legality In International Law
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Author : Jutta Brunnée
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-05
Legitimacy And Legality In International Law written by Jutta Brunnée and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-05 with Law categories.
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 Legality In Intl Law
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Author :
language : en
Publisher:
Release Date : 2010
Legitimacy Legality In Intl Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
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
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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-26
Legitimacy In International Law written by Rüdiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-26 with Law categories.
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.
Unlawful Territorial Situations In International Law
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Author : Enrico Milano
language : en
Publisher: BRILL
Release Date : 2005-12-01
Unlawful Territorial Situations In International Law written by Enrico Milano and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-01 with Law categories.
This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
Legality And Legitimacy In Global Affairs
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Author : Richard Falk
language : en
Publisher: Oxford University Press
Release Date : 2012-04-19
Legality And Legitimacy In Global Affairs written by Richard Falk and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with History categories.
"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" --
Globalization And Sovereignty
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Author : Jean L. Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-02
Globalization And Sovereignty written by Jean L. Cohen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-02 with Political Science categories.
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes 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 comprised of 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 constitutionalization 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.
Non Binding Norms In International Humanitarian Law
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Author : Emily Crawford
language : en
Publisher: Oxford University Press
Release Date : 2022-01-22
Non Binding Norms In International Humanitarian Law written by Emily Crawford and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-22 with Law categories.
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
Legitimacy In International Law
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Author : Rudiger Wolfrum
language : en
Publisher: Springer
Release Date : 2009-09-03
Legitimacy In International Law written by Rudiger Wolfrum and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-03 with Law categories.
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.
Non Binding Norms In International Humanitarian Law
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Author : Emily Crawford (Writer on international law)
language : en
Publisher:
Release Date : 2021
Non Binding Norms In International Humanitarian Law written by Emily Crawford (Writer on international law) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Humanitarian law categories.
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
The Legitimacy Of Use Of Force In Public And Islamic International Law
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Author : Mohammad Z. Sabuj
language : en
Publisher: Springer Nature
Release Date : 2021-06-22
The Legitimacy Of Use Of Force In Public And Islamic International Law written by Mohammad Z. Sabuj and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Political Science categories.
This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.