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Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science

Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science

Author: Heike Krieger; Andrea Liese
Publisher: Oxford University Press
ISBN: 9780192855831
Published In: May 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations.

By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.

1: Introduction: Value Change in the International Legal Order

Heike Krieger and Andrea Liese

Part I: Conceptualizing Change and Resilience of (Legal) Norms

2: Norm(ative) Change in International Relations: A Conceptual Framework

Antje Wiener

3: Is Winter Coming? - Norm Challenges and Norm Resilience

Wayne Sandholtz

4: Matters of Interpretation - How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order

Thomas Kleinlein

Part II: Peremptory Norms Shielding Values from Change?

5: Entrenching International Values through Positive Law: The (Limited) Effect of Peremptory Norms

Erika de Wet

6: There's Life in the Old Dog Yet: Assessing the Strength of the International Torture Prohibition

Max Lesch and Lisbeth Zimmermann

7: Ex iniuria ius oritur? - Norm Change and Norm Erosion of the Prohibition of Torture

Dominik Steiger

8: The Prohibition on the Use of Force: Plus Ça Change? - Towards a Theory of Global Normative Change

Theresa Reinold

9: Changing Perceptions on the Right of Self-Defence - Reflections from a Third World Perspective

Srinivas Burra

Part III: Reversing Post-cold War Trends of Norm Development?

10: The International Criminal Court: Between Sovereignty and the Internationalized Fight against Impunity

Adam Bower

11: Ideological Values and Norm Contestation in the ICC: The Afghanistan Investigation and American Opposition to Article 12(2)(a) Jurisdiction

Malcolm Jorgensen

12: Authoritarian Regimes and Nuclear Nonproliferation Norms

Alexandros Tokhi

13: Arms Control: Between the NPT and the Nuclear Taboo?

Mirko Sossai

14: International Women's Rights: Progress Under Attack?

Conny Roggeband

15: The Status of International Women's Rights - Are Women's Rights in Danger?

Lea Barbara Kuhlmann

16: The Future We Want? - Interlinking Global Sustainability Norm Change, Technology Innovation, and Regime Complexity

Sandra Schwindenhammer

17: Precaution and Genetically Modified Organisms: A Healthy Legal Environment?

Peter-Tobias Stoll

Part IV: Conclusion

18: Turbulence, Robustness, and Value Change

Heike Krieger and Andrea Liese

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