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Non-Legality in International Law

Non-Legality in International Law

Non-Legality in International Law Unruly Law

Author: Fleur Johns
Publisher: Cambridge University Press
ISBN: 9781107014015
Published In: January 2013
Format: Hardback , 277 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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International lawyers typically start with the legal. What is a legal as opposed to a political question? How should international law adapt to the unforeseen? These are the routes by which international lawyers typically reason. This book begins, instead, with the non-legal. In a series of case studies, Fleur Johns examines what international lawyers cast outside or against law – as extra-legal, illegal, pre-legal or otherwise non-legal – and how this comes to shape political possibility. Non-legality is not merely the remainder of regulatory action. It is a key structuring device of contemporary global order. Constructions of non-legality are pivotal to debate in areas ranging from torture to foreign investment and from climate change to natural disaster relief. Understandings of non-legality inform what international lawyers today do and what they refrain from doing. Tracing and potentially reimagining the non-legal in international legal work is, accordingly, both vital and pressing.

• Uses conventional legal sources to address some unconventional questions and draw some uncomfortable connections

• Illuminates lawyers' roles in sustaining violence and power that international law commonly purports to counter or contain

• Draws novel connections among international legal regimes, including the fields of human rights, international economic law and international environmental law

1. Making non-legalities in international law;

2. Illegality and the torture memos;

3. Black holes and the outside within: extra-legality at Guantánamo;

4. Doing deals: pre- and post-legal choice in transnational financing;

5. Receiving climate change: law, science and supra-legality;

6. Death, disaster and infra-legality in international law;

Conclusion.

Fleur Johns
University of Sydney

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