The power of legality : practices of international law and their politics
Title: The power of legality : practices of international law and their politics
Citation: New York : Cambridge University Press, 2016
Series/Number: [Global Governance Programme]; [Cultural Pluralism]
From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.
Subject: International law; Rule of law; Law -- Philosophy; Effectiveness and validity of law
Table of Contents:
Foreword Martti Koskenniemi Acknowledgements 1. Introduction: legality, interdisciplinarity, and the study of practices Nikolas M. Rajkovic, Tanja E. Aalberts and Thomas Gammeltoft-Hansen Part I. Scholarly Struggles over Legality: 2. Re-thinking inter-disciplinarity by re-reading Hume Friedrich Kratochwil 3. Tainted love: the struggle over legality in international relations and international law Anna Leander and Wouter Werner 4. The power of legality, legitimacy and the (im)possibility of interdisciplinary research Filipe dos Reis and Oliver Kessler 5. Moving while standing still: law, politics and hard cases Ciaran Burke Part II. Legality and Institutional Practices: 6. International law, Kelsen and the aberrant revolution: excavating the politics and practices of revolutionary legality in Rhodesia and beyond Vidya Kumar 7. Juris Dicere: custom as a matrix, custom as a norm, the role of judges and (their) ideology in custom making Vassilis P. Tzevelekos 8. Multiple legalities and international criminal tribunals: juridical versus political legality Bas Schotel 9. Palestine's quest for statehood and the practice of the United Nations Cathleen H. Powell and Jonathan Strug Part III. Legality and Policy Practices: 10. Regulatory legality: extraterritorial rule across domestic and international arenas Michael L. Buenger 11. Legality and lawfare in regime implementation Surabhi Ranganathan 12. Whose legality? Rule of law missions and the case of Kosovo Maj Grasten Epilogue: re-thinking legality and practices of interdisciplinarity 13. Perspectives on the perils, promise, politics - and practice - of interdisciplinarity Jeffrey L. Dunoff.
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