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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Produktdetaljer
ISBN
9781509900442
Publisert
2016
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter