Non-Legality in International Law: Unruly Law

International Law

Non-Legality in International Law: Unruly Law

By Fleur Johns
Cambridge University Press April 2015

Specifications

ISBN-13
9781107521834
Publisher
Cambridge University Press
Publication
April 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

1. Making non-legalities in international law
2. Illegality and the torture memos
3. Black holes and the outside within: extra-legality at Guantanamo
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.
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