Legitimacy and Legality in International Law: An Interactional Account by Jutta BrunnéeLegitimacy and Legality in International Law: An Interactional Account by Jutta Brunnée

Legitimacy and Legality in International Law: An Interactional Account

byJutta Brunnée, Stephen J. Toope

Paperback | September 20, 2010

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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.
Title:Legitimacy and Legality in International Law: An Interactional AccountFormat:PaperbackProduct dimensions:436 pages, 8.98 × 5.98 × 0.98 inShipping dimensions:8.98 × 5.98 × 0.98 inPublished:September 20, 2010Publisher:Cambridge University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0521706831

ISBN - 13:9780521706834


Table of Contents

Introduction; 1. An interactional theory of international legal obligation; 2. Shared understandings: making and unmaking international law; 3. Interactional law and compliance: law's hidden power; 4. Climate change: building a global legal regime; 5. Torture: undermining normative ambition; 6. The use of force: normative ebb and flow; Conclusion.

Editorial Reviews

"But Legitimacy and Legality is also so well argued and thought-provoking that even staunch opponents of its starting points will draw much benefit from it."
-Nico Krisch,Hertie School of Governance