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

By: Contributor(s): Material type: TextTextSeries: Cambridge studies in international and comparative law ; 67Publication details: Cambridge ; New York : Cambridge University Press, 2010.Description: xviii, 411 p. ; 24 cmISBN:
  • 9780521880657 (hbk.)
  • 9780521706834 (pbk.)
Subject(s): DDC classification:
  • 341 22 BRU
Online resources:
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.
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"--
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Holdings
Item type Current library Collection Call number Vol info Status Date due Barcode Item holds
Book - Borrowing Book - Borrowing Central Library First floor Baccah 341 BRU (Browse shelf(Opens below)) 13955 Available 000025971
Total holds: 0

Includes bibliographical references (p. 358-387) and index.

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.

"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"--

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