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Legitimacy and Legality in International Law
  • Language: en

Legitimacy and Legality in International Law

  • Categories: 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.

Netherlands Yearbook of International Law - 2003
  • Language: en
  • Pages: 548

Netherlands Yearbook of International Law - 2003

Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles.

International Climate Change Law
  • Language: en
  • Pages: 417

International Climate Change Law

  • Categories: Law

This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement - establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating int...

Animal Welfare and International Trade Law
  • Language: en
  • Pages: 213

Animal Welfare and International Trade Law

  • Categories: Law

This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.

Research Handbook on the Sociology of International Law
  • Language: en
  • Pages: 458

Research Handbook on the Sociology of International Law

  • Categories: Law

Bringing together a highly diverse body of scholars, this comprehensive Research Handbook explores recent developments at the intersection of international law, sociology and social theory. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. The Research Handbook highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.

Public Interest Rules of International Law
  • Language: en
  • Pages: 510

Public Interest Rules of International Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-04-15
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  • Publisher: Routledge

This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.

Procedure and Substance in International Environmental Law
  • Language: en
  • Pages: 240

Procedure and Substance in International Environmental Law

  • Categories: Law
  • Type: Book
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  • Published: 2021-02-22
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  • Publisher: BRILL

The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law f...

The Commons and a New Global Governance
  • Language: en
  • Pages: 371

The Commons and a New Global Governance

  • Categories: Law

Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional, and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates.

Global Governance of the Environment
  • Language: en
  • Pages: 317

Global Governance of the Environment

  • Categories: Law

This timely book examines the role of environmental principles in changing international environmental law and politics, and argues for the importance of integrating environmental principles in the global governance of the environment. Afshin Akhtarkhavari includes both theoretical and jurisprudential analyses of the concept of environmental principles, as well as detailed case studies to examine their function and role in courts, and the differing approaches taken to soft law and regulation in international politics. Global Governance of the Environment concludes with succinct and insightful considerations of the role of environmental principles in changing international law and politics This topical book will appeal to researchers, academics and students of international environmental law and politics, international relations, as well as domestic environmental law.

Legitimate Targets?
  • Language: en
  • Pages: 387

Legitimate Targets?

Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.