Legitimacy and Legality in International Law - An Interactional Account (Hardcover, New)

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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.

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Product Description

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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Product Details

General

Imprint

Cambridge UniversityPress

Country of origin

United Kingdom

Series

Cambridge Studies in International and Comparative Law

Release date

August 2010

Availability

Expected to ship within 12 - 17 working days

First published

2010

Authors

,

Dimensions

235 x 156 x 25mm (L x W x T)

Format

Hardcover

Pages

436

Edition

New

ISBN-13

978-0-521-88065-7

Barcode

9780521880657

Categories

LSN

0-521-88065-3



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