Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law’s peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this ‘institutional problem’ has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law’s decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.
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This book sets out a plea for lawyers to understand the purpose and potential of international law on its own terms.

Part I: Origins
1. A Fragile Autonomy: International Law at the Turn of the Twentieth Century
2. Scepticism and Renewal: International Law in the Inter-bellum Period
3. The Institutional Problem in Modern International Law
Part II: Cause
4. Presuming Hierarchy: The Problematic Concept of the Legal Official
5. A Functional Jurisprudence? Methodological Controversies in Contemporary Legal Theory
6. Law’s ‘Creation Myth’: Instrumental Reasoning and the Necessary Autonomy of Law
Part III: Effect
7. Domestic Analogy, the Rule of Law and the Relations Between States
8. Form and Function in the Institutionalisation of International Law
9. International Law as Governance: An Emerging Legitimacy Crisis?

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Now available in paperback

High-quality scholarship in public international law and private international law.
The objective of this series is to publish high-quality scholarship in public international law and private international law, as well as work that adopts "transnational law" as its thematic, theoretical or doctrinal focus. The series strives to be a leading venue for work of the following sort:

- critical reappraisals of foundational concepts and core doctrinal principles of both public and private international law, and their operation in practice, including insights drawn from general legal theory;

- analysis and development of conceptions of 'transnational law', including in relation to the role of unofficial law and informal processes in transnational regulation and in relation to theories and studies of 'governance' in transnational spheres; and

- empirical studies of the emergence, evolution and transformation of international and/or transnational legal orders, including accounts and explanations of how law is constructed within different communities of interpretation and practice.

In relation to the first of these categories, the series especially welcomes monographs that explore the interactions between the ever-integrating fields of public and private international law. Of special interest are explorations of the extent to which these interactions are structured by higher-order principles and policies, on the one hand, and by politics and the exercise of various forms of power, on the other hand.

The series is open to work not only by law scholars but also by scholars from cognate disciplines.

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Produktdetaljer

ISBN
9781509927920
Publisert
2019-04-18
Utgiver
Vendor
Hart Publishing
Vekt
431 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
304

Forfatter

Biographical note

Richard Collins is a Lecturer in Law at University College Dublin.