Legitimacy and Legality in International Law: An Interactional Account
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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2 Shared understandings the underpinnings of law
3 Interactional law and compliance laws hidden power
4 Climate change building a global legal regimw
5 Torture undermining normative ambition
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11 September accompanying text alexander wendt amnesty international anne-marie Slaughter argue armed attack assessment Bali action Plan Beth Simmons Bush cambridge University Press cBdr principle chapter chayes climate change climate regime communities of practice compliance concept congruence constructivist convention copenhagen copenhagen accord criteria of legality debate decision developing countries discussion domestic emanuel adler emerging emission reduction commitments epistemic communities european example existence force formal framework Franck Fuller global climate greenhouse gas guantánamo Bay Human rights Human rights watch humanitarian Ibid interactional law international lawyers international legal International Organization international relations international society interrogation intervention iraq Journal of International Jutta Brunnée Kyoto Protocol law-making law’s legal norms legal obligation legitimacy moral negotiations participants parties political practice of legality procedural regime’s responsibility to protect role rule Security council self-defence September 2001 shared understandings substantive suggest text accompanying notes theory threat tion treaty UnFccc United nations