Legitimacy and Legality in International Law: An Interactional Account

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Jutta Brunnée (University of Toronto) Stephen J. Toope (University of British Columbia, Vancouver)

Legitimacy and Legality in International Law

An Interactional Account

Jutta Brunnée (University of Toronto), Stephen J. Toope (University of British Columbia, Vancouver)

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English

Cambridge University Press
05 August 2010

International relations; Public international law; International law of territory & statehood; Private international law & conflict of laws

Series: Cambridge Studies in International and Comparative Law

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.

By: Jutta Brunnée (University of Toronto), Stephen J. Toope (University of British Columbia, Vancouver)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Volume: 67
Dimensions: Height: 228mm, Width: 153mm, Spine: 22mm
Weight: 690g
ISBN: 9780521706834
ISBN 10: 0521706831
Series: Cambridge Studies in International and Comparative Law
Pages: 436
Publication Date: 05 August 2010
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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.

Jutta Brunnée is Professor of Law and Metcalf Chair in Environmental Law at the University of Toronto. Stephen J. Toope is President and Vice-Chancellor of the University of British Columbia.

Reviews for Legitimacy and Legality in International Law: An Interactional Account

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. <br>-Nico Krisch, Hertie School of Governance

Winner of American Society of International Law Certificate of Merit for a Preeminent Contribution to Creative Scholarship 2011
Winner of American Society of International Law Certificate of Merit for a Preeminent Contribution to Creative Scholarship 2011.
Winner of ASIL Creative Scholarship Award 2011