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

By: Contributor(s): Material type: TextTextSeries: Cambridge studies in international and comparative law (Cambridge, England : 1996)Publication details: Cambridge ; New York : Cambridge University Press, 2010.Description: 1 online resource (xviii, 411 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780511776670
  • 0511776675
  • 9780511781261
  • 0511781261
  • 0511775156
  • 9780511775154
  • 9786612771231
  • 6612771232
  • 9780511774096
  • 0511774095
Subject(s): Genre/Form: Additional physical formats: Print version:: Legitimacy and legality in international law.DDC classification:
  • 341 22
LOC classification:
  • KZ1251 .B78 2010eb
Other classification:
  • KC80
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"-- Provided by publisher
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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"-- Provided by publisher

Includes bibliographical references and index.

Print version record.

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.

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