The Power of Legality: Practices of International Law and Their Politics

Author: Nikolas M. Rajkovic; Tanja E. Aalberts; Thomas Gammeltoft-Hansen
Publisher: Cambridge University Press
ISBN: 9781107145054

Published In: July 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781316508435

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From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen.On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list.

Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems.

Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.

Table of figures

Foreword Martti Koskenniemi

Acknowledgements

1. Introduction: legality, interdisciplinarity, and the study of practices Nikolas M. Rajkovic, Tanja E. Aalberts and Thomas Gammeltoft-Hansen

Part I. Scholarly Struggles over Legality:

2. Re-thinking inter-disciplinarity by re-reading Hume Friedrich Kratochwil

3. Tainted love: the struggle over legality in international relations and international law Anna Leander and Wouter Werner

4. The power of legality, legitimacy and the (im)possibility of interdisciplinary research Filipe dos Reis and Oliver Kessler

5. Moving while standing still: law, politics and hard cases Ciaran Burke

Part II. Legality and Institutional Practices:

6. International law, Kelsen and the aberrant revolution: excavating the politics and practices of revolutionary legality in Rhodesia and beyond Vidya Kumar

7. Juris Dicere: custom as a matrix, custom as a norm, the role of judges and (their) ideology in custom making Vassilis P. Tzevelekos

8. Multiple legalities and international criminal tribunals: juridical versus political legality Bas Schotel

9. Palestine's quest for statehood and the practice of the United Nations Cathleen H. Powell and Jonathan Strug

Part III. Legality and Policy Practices:

10. Regulatory legality: extraterritorial rule across domestic and international arenas Michael L. Buenger

11. Legality and lawfare in regime implementation Surabhi Ranganathan

12. Whose legality? Rule of law missions and the case of Kosovo Maj Grasten

Epilogue: re-thinking legality and practices of interdisciplinarity

13. Perspectives on the perils, promise, politics - and practice - of interdisciplinarity Jeffrey L. Dunoff.