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Talking International Law

Legal Argumentation Outside the Courtroom

Gebonden Engels 2021 9780197588437
Nog niet verschenen, verschijningsdatum onbekend
114,45

Samenvatting

Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property.

Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary.

Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.

Specificaties

ISBN13:9780197588437
Taal:Engels
Bindwijze:gebonden
Aantal pagina's:368
Druk:1
Verschijningsdatum:30-11-2021
Hoofdrubriek:Juridisch

Over Ian Johnstone

an Johnstone is Professor of International Law at The Fletcher School of Law and Diplomacy at Tufts University. He has served as Dean ad interim and as Academic Dean of the School. Prior to joining Fletcher in 2000, Johnstone served in the United Nations' Office of the Secretary-General. He has held Visiting Professor positions at the University of Toronto Faculty of Law and Munk School of Global Affairs and Public Policy, and at New York University School of Law. He has served on the editorial boards of Global Governance and International Organizations Law Review.

Andere boeken door Ian Johnstone

Over Steven Ratner

Steven R. Ratner is the Bruno Simma Collegiate Professor of Law at the University of Michigan Law School and the Director of the University of Michigan Donia Human Rights Center. His research addresses a range of issues in international law, including linkages with political philosophy and international relations theory. He has served in U.S. State Department's Office of the Legal Adviser, on expert panels of the UN

Andere boeken door Steven Ratner

Inhoudsopgave

Chapter 1. Introduction by Ian Johnstone and Steven Ratner
Chapter 2. Why Use the Language of the Law in Global Politics? On the Legitimacy Effects of Claiming to Act Legally by Ingo Venzke
Chapter 3. Arguing about the Jus ad Bellum by Monica Hakimi
Chapter 4. International Law as Process: Argumentation in the United Nations Security Council by Scott P. Sheeran
Chapter 5. Protesting the Preamble: Normative Pronouncements and Feminist Jurisprudence in the Security Council by Gina Heathcote
Chapter 6. Persuasion About/Without International Law: The Case of Cybersecurity Norms by Steven R. Ratner
Chapter 7. Nuclear Non-Proliferation Law: Why Argue and to What Effect? by Ian Johnstone
Chapter 8. Mass Atrocity Crimes and Human Rights Discourse at the United Nations Security Council: Three Case Studies by Bruno Stagno-Ugarte
Chapter 9. Non-State Armed Actors and International Legal Argumentation: Patterns, Processes, and Putative Effects by Hyeran Jo
Chapter 10. Argumentation Through Law: An Analysis of Decisions of the African Union by Wouter Werner
Chapter 11. The Sanctions Regime of the African Union in the Case of Unconstitutional Change of Government by Namira Negm
Chapter 12. Legal Argumentation in the Evolving Climate Regime by Jutta Brunnée
Chapter 13. Law and Science in Environmental Governance: The Effects of Legal and Scientific Argumentation in the International Whaling Commission by Lisbeth Zimmermann
Chapter 14. International Legal Argumentation Outside the Courtroom: A Focus on Intellectual Property by Edward Kwakwa
Chapter 15. Arguing about Trade Law Beyond the Courtroom by Kathleen Claussen
Chapter 16. The Privileges and Immunities of the United Nations by Stephen Mathias and Nicolas Perez
Chapter 17. Towards a Theory of Legal Argumentation by Ian Johnstone and Steven Ratner

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