Legitimacy in International Law

ISBN-13: 9783642096495 / Angielski / Miękka / 2010 / 422 str.

Rüdiger Wolfrum;Volker Roben

Opis

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Spis treści

Legitimacy of International Law from a Legal Perspective: Some Introductory Considerations.- The Legitimacy of Global Governance Institutions.- Legitimacy of Legislative and Executive Actions of International Institutions.- On the Legitimacy of International Institutions.- Discussion Following Presentations by Rüdiger Wolfrum, Robert Keohane, Alain Pellet and Anthony D’Amato.- The Security Council as Legislator and as Executive in its Fight Against Terrorism and Against Proliferation of Weapons of Mass Destruction: The Question of Legitimacy.- The Legitimacy of United Nations Security Council Decisions in the Fight against Terrorism and the Proliferation of Weapons of Mass Destruction: Some Critical Remarks.- Discussion Following Presentations by Georges Abi-Saab and Erika de Wet.- Aspects of Legitimacy of Decisions of International Courts and Tribunals.- Aspects of Legitimacy of Decisions of International Courts and Tribunals: Comments.- Discussion Following Presentations by Tullio Treves and Rein Müllerson.- Codes of Conduct and their Implementation: the Question of Legitimacy.- Codes of Conduct and the Legitimacy of International Law.- The Concept of Legitimacy in International Law.- Discussion Following Presentations by Helen Keller, Armin von Bogdandy and Daniel Bodansky.- Legitimacy: A Problem in International Law and for International Lawyers?.- What About Hobbes? Legitimacy as a Matter of Inclusion in the Functional and Rational Exercise of International Public Power.- Construction of the Discourse on Legitimacy of International Institutions.- Round Table.

Blurb

In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined national interests; whether international law or particular rules of it – such as the prohibition of the use of armed force – have lost their ability to induce compliance (compliance pull); and what is the relevance of non-enforcement or failure to obey for the legitimacy of that particular international norm?

This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law.