State Legitimacy And Failure In International Law

Author : Mario Silva
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 41,5 Mb
Release : 2014-02-06
Category : Law
ISBN : 9789004268845

Get Book

State Legitimacy and Failure in International Law by Mario Silva Pdf

Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

Author : Rüdiger Wolfrum,Volker Röben
Publisher : Springer Science & Business Media
Page : 422 pages
File Size : 41,9 Mb
Release : 2008-02-26
Category : Law
ISBN : 9783540777649

Get Book

Legitimacy in International Law by Rüdiger Wolfrum,Volker Röben Pdf

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Author : Brad R. Roth
Publisher : Unknown
Page : 476 pages
File Size : 45,9 Mb
Release : 1999
Category : Law
ISBN : 0199243018

Get Book

Governmental Illegitimacy in International Law by Brad R. Roth Pdf

When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.

Author : Rudiger Wolfrum,Volker Röben
Publisher : Springer
Page : 422 pages
File Size : 44,6 Mb
Release : 2009-09-03
Category : Law
ISBN : 354084726X

Get Book

Legitimacy in International Law by Rudiger Wolfrum,Volker Röben Pdf

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Author : Colin Warbrick,Stephen Tierney
Publisher : British Inst of International & Comparative
Page : 273 pages
File Size : 55,5 Mb
Release : 2006
Category : Law
ISBN : 090306779X

Get Book

Towards an 'international Legal Community'? by Colin Warbrick,Stephen Tierney Pdf

In this collection of essays, a number of the UK's leading international legal theorists consider whether, in light of contemporary legal, economic, and political challenges which the state faces, state sovereignty can continue to be viewed meaningfully as a legal principle. The book examines whether legitimacy is generated merely by the factual condition of a state's existence, or whether in fact the international legal system is now better viewed as a self-generating and increasingly sovereign force, founded upon an incipient 'international legal community' which has in large measure redefined state sovereignty as a lower order principle both contingent upon and attenuated by the normative authority inherent in this nascent 'community'. The book examines whether or not international law is an embryonic 'quasi-constitutional' system, generated by an international legal community. And if so, has this community, although finding its historical origins in the aggregated will of states, assumed a new and immanently-generated legitimacy which is no longer dependent upon state consent for its validity and authority?

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 40,8 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

Get Book

International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 43,7 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854

Get Book

Legitimacy and International Courts by Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein Pdf

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Author : Samantha Besson,John Tasioulas
Publisher : Oxford University Press
Page : 626 pages
File Size : 51,9 Mb
Release : 2010-04
Category : Law
ISBN : 9780199208586

Get Book

The Philosophy of International Law by Samantha Besson,John Tasioulas Pdf

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Author : OECD
Publisher : OECD Publishing
Page : 67 pages
File Size : 52,5 Mb
Release : 2010-02-09
Category : Electronic
ISBN : 9789264083882

Get Book

Conflict and Fragility The State's Legitimacy in Fragile Situations Unpacking Complexity by OECD Pdf

State legitimacy matters because it transforms power into authority and provides the basis for rule by consent, rather than by coercion. In fragile situations, a lack of legitimacy undermines constructive relations between the state and society, and ...

Author : Karel Wellens
Publisher : BRILL
Page : 841 pages
File Size : 53,8 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004640948

Get Book

International Law: Theory and Practice by Karel Wellens Pdf

Author : Jorge L. Esquirol
Publisher : Unknown
Page : 283 pages
File Size : 47,8 Mb
Release : 2019
Category : Comparative law
ISBN : 1316630927

Get Book

Ruling the Law by Jorge L. Esquirol Pdf

Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

Author : Leonard M. Hammer
Publisher : Routledge
Page : 134 pages
File Size : 48,7 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317188193

Get Book

A Foucauldian Approach to International Law by Leonard M. Hammer Pdf

Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.

Author : Allen Buchanan
Publisher : Oxford University Press
Page : 208 pages
File Size : 45,5 Mb
Release : 2013-10-23
Category : Philosophy
ISBN : 9780199325405

Get Book

The Heart of Human Rights by Allen Buchanan Pdf

This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 54,7 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

Get Book

Globalization and Sovereignty by Jean L. Cohen Pdf

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Author : N. P. Adams,Antoinette Scherz,Cord Schmelzle
Publisher : Routledge
Page : 149 pages
File Size : 48,5 Mb
Release : 2021-05-13
Category : Business & Economics
ISBN : 9781000350623

Get Book

Legitimacy Beyond the State by N. P. Adams,Antoinette Scherz,Cord Schmelzle Pdf

This volume addresses the normative legitimacy of the international order, asking how we can make sense of legitimacy claims of increasingly diverse global governance institutions and practices and how their legitimacy relates to and differs from state legitimacy. State legitimacy is a central concern of modern political thought but is inadequate when applied to institutions that differ from the state in type, level of governance, scope, and much else. We need a new, tailored approach to the legitimacy of institutions beyond the state, especially international and transnational institutions. Such an approach includes foundational questions: what does it mean for institutions to be legitimate that have radically different purposes, means, interests, capacities, constituents, and roles from states? And what standards do such institutions have to meet in order to count as legitimate? The contributions to this volume seek to advance the debate on these questions at both abstract and more concrete levels. They range from conceptual questions about the nature of legitimacy and international institutions, to rule of law, to the legitimacy of the UN Security Council, the International Criminal Court, and occupying military forces in the face of challenges specific to their nature and context. Together they demonstrate both the promise and challenges of theorizing legitimacy beyond the state. The chapters in this book were originally published as a special issue of the journal Critical Review of International Social and Political Philosophy.