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Legitimacy and Legality in International Law Jutta Brunnee (University of Toronto)

Legitimacy and Legality in International Law By Jutta Brunnee (University of Toronto)

Legitimacy and Legality in International Law by Jutta Brunnee (University of Toronto)


Summary

This new theory of international law focuses on legal obligation as the generator of normative commitment. An interdisciplinary analysis of twentieth-century legal theory and constructivist international relations theory provides compelling examples of interactional international law, with provocative accounts including the climate change regime and the anti-torture norm.

Legitimacy and Legality in International Law Summary

Legitimacy and Legality in International Law: An Interactional Account by Jutta Brunnee (University of Toronto)

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.

Legitimacy and Legality in International Law Reviews

'Jutta Brunne and Stephen Toope have written an engagingly readable and perceptive book that draws fruitfully on some of Lon Fuller's ideas, as they explore the ways in which international norms and obligations have emerged and evolved during recent decades.' Matthew H. Kramer, Transnational Legal Theory
'... exceedingly good ... a highly convincing account of the emergence of international law.' Wibren van der Burg, University of Toronto Law Journal

About Jutta Brunnee (University of Toronto)

Jutta Brunnee 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.

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.

Additional information

NLS9780521706834
9780521706834
0521706831
Legitimacy and Legality in International Law: An Interactional Account by Jutta Brunnee (University of Toronto)
New
Paperback
Cambridge University Press
2010-08-05
436
Winner of ASIL Creative Scholarship Award 2011
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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