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Talking International Law: Legal Argumentation Outside the Courtroom

Talking International Law: Legal Argumentation Outside the Courtroom

Author: Ian Johnstone; Steven Ratner
Publisher: Oxford University Press
ISBN: 9780197588437
Published In: October 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts -Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property.

Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.

Chapter 1. Introduction by Ian Johnstone and Steven Ratner

Chapter 2. Why Use the Language of the Law in Global Politics? On the Legitimacy Effects of Claiming to Act Legally by Ingo Venzke

Chapter 3. Arguing about the Jus ad Bellum by Monica Hakimi

Chapter 4. International Law as Process: Argumentation in the United Nations Security Council by Scott P. Sheeran

Chapter 5. Protesting the Preamble: Normative Pronouncements and Feminist Jurisprudence in the Security Council by Gina Heathcote

Chapter 6. Persuasion About/Without International Law: The Case of Cybersecurity Norms by Steven R. Ratner

Chapter 7. Nuclear Non-Proliferation Law: Why Argue and to What Effect? by Ian Johnstone

Chapter 8. Mass Atrocity Crimes and Human Rights Discourse at the United Nations Security Council: Three Case Studies by Bruno Stagno-Ugarte

Chapter 9. Non-State Armed Actors and International Legal Argumentation: Patterns, Processes, and Putative Effects by Hyeran Jo

Chapter 10. Argumentation Through Law: An Analysis of Decisions of the African Union by Wouter Werner

Chapter 11. The Sanctions Regime of the African Union in the Case of Unconstitutional Change of Government by Namira Negm

Chapter 12. Legal Argumentation in the Evolving Climate Regime by Jutta Brunnée

Chapter 13. Law and Science in Environmental Governance: The Effects of Legal and Scientific Argumentation in the International Whaling Commission by Lisbeth Zimmermann

Chapter 14. International Legal Argumentation Outside the Courtroom: A Focus on Intellectual Property by Edward Kwakwa

Chapter 15. Arguing about Trade Law Beyond the Courtroom by Kathleen Claussen

Chapter 16. The Privileges and Immunities of the United Nations by Stephen Mathias and Nicolas Perez

Chapter 17. Towards a Theory of Legal Argumentation by Ian Johnstone and Steven Ratner