Legitimacy and legality in international law

an interactional account
  • 3.29 MB
  • 6522 Downloads
  • English
by
Cambridge University Press , Cambridge, New York
StatementJutta Brunnée, Stephen J. Toope
SeriesCambridge studies in international and comparative law -- 67
ContributionsToope, Stephen J. (Stephen John)
Classifications
LC ClassificationsKZ1251 .B78 2010
The Physical Object
Paginationp. cm.
ID Numbers
Open LibraryOL24553792M
ISBN 139780521880657, 9780521706834
LC Control Number2010021906

Buy Legitimacy and Legality in International Law: An Interactional Account (Cambridge Studies in International and Comparative Law Book 67): Read Kindle Store Reviews - ufacturer: Cambridge University Press.

Legitimacy and Legality in International Law: An Interactional Account (Cambridge Studies in International and Comparative Law) [Brunnée, Jutta] on *FREE* shipping on qualifying offers. Legitimacy and Legality in International Law: An Interactional Account (Cambridge Studies in International and Comparative Law)Format: Paperback.

Such decisions may be general or specific in nature. Most of the literature cited below refers to ‘legitimacy in international law’ having models of legitimizing State authority in mind. The term ‘democratization of international law’ has also been used (Reisman).

Legitimacy is to be distinguished from legality. Legitimacy and Legality in International Law is really a work located on the borderline between the two disciplines, and Brunnée and Toope do push their interdisciplinary elaboration so far that, in part, even the question of what discipline the book belongs to seems to be misplaced.

This interdisciplinary sensibility, however, is not carried Author: Philip Liste. Legitimacy and Legality in International Law. by Stephen J. Toope,Jutta Brunnée. Cambridge Studies in International and Comparative Law (Book 67) Thanks for Sharing.

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We'll publish them Brand: Cambridge University Press. Correspondingly, the legitimacy of international law is increasingly challenged in domestic settings in the name of democracy and constitutional self-government.

This article addresses this challenge. It develops a constitutionalist model for assessing the legitimacy of international law that takes seriously the commitments. Correspondingly, the legitimacy of international law is increasingly challenged in domestic settings in the name of democracy and constitutional selfgovernment.

This article addresses this challenge. It develops a constitutionalist model for assessing the legitimacy of international law that takes seriously the commitments underlying. The legality and legitimacy of Japanese whaling - Part I based on a close reading of the relevant international law, is a prior and much larger and much more profound question.

It asks whether Japan’s Antarctic whaling is a legitimate continuation of what in the director-general of the Institute of Cetacean Research (ICR), the entity Author: David Schorr. 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. In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined.

In light of (1)-(4), the DARIO can sharpen and enhance IOs’ incentives to comply with and uphold both the primary and secondary rules of international law. My comments focus on step (1) – the tie between legality and legitimacy, and step (3) – the claim that from IO legitimacy, member state cooperation follows.

This book focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. The book brings together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal—and vice versa.

Chapters cover humanitarian intervention, nuclear nonproliferation. 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 around the globe.

Description Legitimacy and legality in international law FB2

And yet the academic discipline of IR has largely neglected this concept. With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture.

Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key. I f there is a point of agreement among the scholars of legitimacy, it is on legality; that is, legality is always considered to be one of legitimacy’s central components. Thus, the predominant scholars of legitimacy point to legality as a starting point.

To do so in the context of counterterrorism it is important to take note of one distinctive feature of 9/11 that must shape the way we. Get this from a library. Legitimacy and legality in international law: an interactional account.

[Jutta Brunnée; Stephen J Toope] -- "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. LEGITIMACY AND LEGALITY IN INTERNATIONAL LAW 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 inter-File Size: KB.

Legitimacy and Legality in International Law: An Interactional Account 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. norm, and the prohibition on the use of force, it Price: $ All of these procedural requirements have figured prominently in debates on the legitimacy of international law, and some even treat them as the sole.

Legitimacy and Legality in International Law: An Interactional Account, featuring Jutta Brunnée. Tuesday, Febru - pm | Room A book sale and author signing will follow immediately after the lecture in the third floor loggia.

View Webcast. Book Description. This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law.

The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this was the first book-length study of the status Cited by: Legitimacy and Legality in International Law Article (PDF Available) in European Journal of International Law 22(2) June with Reads How we measure 'reads'.

“An English translation of Carl Schmitt’s Legalität und Legitimität is long ty and Legitimacy concludes the critique of legal positivism and the rationality of statute law he began in The Crisis of Parliamentary Democracy and Political Theology and does so in the historical context of Weimar’s final crisis.

It was an important argument at the time and is just as. Legality and Legitimacy in Global Affairs focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations.

Edited by Mark Juergensmeyer, Richard Falk, and Vesselin Popovski, this volume brings together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if.

Legalality is something which is written in country’s law book i.e. written fixed law. The actions of state are taken according to this law of the land. Legitimacy on the other hand is the law of the society. Social acceptability is what makes som. scholars, this book articulates a pragmatic view of how international obligation is created and maintained.

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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'. This paper surveys the international law and international relations literatures on these issues.

Despite many areas of convergence between the IL and IR literatures on legitimacy, there are also important differences. International relations scholars focus on the legitimacy of international institutions rather than of international by: The relationship between law and legitimacy is investigated in this book.

The legal theories of three eminent public lawyers of the Weimar era are analyzed and the problems they address of legal and political order in a crisis-ridden modern society. Legality, as it was introduced initially by Held and McNally, refers to an intervention being duly authorised under the existing framework of international law and the United Nations Charter.

Gareth Evans articulates just how narrow the field of legality is in relation to intervention. He argues that it is now beyond all doubt that ‘the UN. The purpose of this study is to not only assess the legitimacy of contemporary international tax law, but to also find ways to improve it. The book focuses on two constitutive elements of this legitimacy: the democratic underpinnings of the legal framework of international tax law and the contribution of social-scientific knowledge to the legitimacy of international tax Author: Cees Peters.

Legitimacy and Legality in International Law. Book launch and presentation by Professor Stephen Toope, President and Vice Chancellor, University of British Columbia, with comment from Dr. Natasha Affolder and Asha Kaushal. Location: Liu Institute for Global Issues, Multipurpose Room.

Enrico Milano, Unlawful Territorial Situations in International Law – Reconciling Effectiveness, Legality and : Brill,pp. ISBN Author: Matthew Saul.Bodansky The Concept of Legitimacy in International Law Now, to begin with, when I speak of legitimacy, J’m using the term in those decisions.

But in contrast to compulsion (which also involves theessentially the same way that Professors Wolfrum and Keohane did yes notion of obedience), legitimacy has a normative quality.