| Description |
1 online resource (xii, 362 pages) : illustrations |
| Contents |
International legal argumentative : practice in need of a theory / Ian Johnsont and Steven Ratner -- Why use the language of the law in global politics? On the legitimacy effects of claiming to act legally / Ingo Venzke -- Arguing about the jus ad bellum / Monica Hakimi -- Argumentation in the UN Security Council : international law as process / Scott P. Sheeran -- Protesting the preamble : normative pronouncements and feminist jurisprudence in the Security Council / Gina Heathcote -- Persuasion about/without international law : the case of cybersecurity norms / Steven R. Ratner -- Nuclear non-proliferation law : why argue and to what effect? / Ian Johnstone -- Mass atrocity crimes and human rights discourse at the UN Council : three case studies / Bruno Stagno-Ugarte -- Non-state armed actors and international legal argumentation : patterns, processes, and putative effects / Hyeran Jo -- Argumentation through law : an analysis of decisions of the African Union / Wouter Werner -- The sanctions regime of the African Union in the case of unconstitutional change of government / Namira Negm -- Legal argumentation in the evolving climate regime / Jutta Brunnée -- Law and science in environmental governance : the effects of legal and scientific argumentation in the International Whaling Commission / Lisbeth Zimmermann -- International legal argumentation outside the courtroom : a focus on intellectual property / Edward Kwakwa -- Arguing about trade law beyond the courtroom / Kathleen Claussen -- The privileges and immunities of the United Nations / Stephen Mathias and Nicolas Perez -- Toward a theory of legal argumentation / Ian Johnstone and Steven R. Ratner |
| Summary |
"In a decentralized global system that lacks the formal trappings of domestic governance systems, most disputes between and among states and non- state actors never reach either a domestic or an international courtroom for some kind of authoritative resolution. This state of affairs continues, even with the creation of new international tribunals in recent decades. Despite, indeed because of, the relative scarcity of judicial settlement of disputes, international legal argumentation remains pervasive, but notably in a range of nonjudicial settings. States, corporations, nongovernmental organizations (NGOs), and even guerrilla groups make claims in international legal terms in political bodies like the United Nations' organs or domestic parliaments, private diplomatic discussions, and public statements in formal and informal settings. What purpose does such argumentation serve? What are its effects, intended and unintended? Who is engaging in the argumentation? Who is the audience? What, for that matter, counts as a legal argument and how is it different from other kinds of argument? These questions are not all new, but they have never been addressed systematically in one volume. Answering them is critical to a central goal for scholars and practitioners of international law and relations- to understand how international law actually operates in international affairs. This book probes these and other questions related to the place of international legal arguments from a multi- perspectival lens. It brings together a group of scholars and practitioners from around the world who have either written about or engaged in international legal argumentation outside of courtrooms. We draw on various theoretical traditions that address the phenomenon of argumentation in international affairs, either as an element of legal theory or of international relations theory. Yet our approach is largely inductive, looking at the actual practice of legal argumentation in a variety of settings and issue areas. From the cases, we seek to identify patterns and common themes in why, where, how, and to what effect the language of law is used outside of courts. This fills a significant gap in scholarship on international law and international relations by exploring the micro- process of communication using international law"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Description based on online resource; title from digital title page (viewed on February 11, 2022) |
| Subject |
United Nations.
|
| SUBJECT |
United Nations fast |
| Subject |
International law.
|
|
International law -- Political aspects
|
|
International law
|
| Form |
Electronic book
|
| Author |
Johnstone, Ian, 1960- editor.
|
|
Ratner, Steven R., editor.
|
| LC no. |
2021027427 |
| ISBN |
9780197588444 |
|
0197588441 |
|
9780197588451 |
|
019758845X |
|
9780197588468 |
|
0197588468 |
|
