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Enchanted and Disenchanted International Law
In: Global policy: gp, Band 7, Heft 1, S. 96-101
ISSN: 1758-5899
AbstractScholars and activists commonly see international law in a privileged normative and political position in world politics, where international legal institutions are assumed to advance important goals such as international stability, human justice and even global order as a whole. I explore this attitude toward international law, which I call an 'enchanted' view, and contrast it to the 'disenchanted' alternative. Where the enchanted attitude presumes the normative valence and political wisdom of following international law, the disenchanted approach treats these as open questions for inquiry and discussion. The disenchanted approach is more empirically minded, and more politically open, than the enchanted, and leads to a distinct research program on legalization in international affairs – one that is attentive to the politics of law, the connections between law and power, the ambiguity that exists between legality and policy wisdom.
The international rule of law and the domestic analogy
In: Global constitutionalism: human rights, democracy and the rule of law, Band 4, Heft 3, S. 365-395
ISSN: 2045-3825
AbstractA surge in academic interest in the interaction of international law with international politics has recently raised the profile of the rule of law in global politics. The idea of an 'international rule of law' is central to many accounts of international order, and to both political science and legal scholarship. Despite its popularity, the concept is rarely defined or examined. This article considers the theory and practice of the international rule of law. It shows first that the international rule of law cannot be deduced from the conventional Anglo-American version of the rule of law in domestic legal theory, as sketched by Joseph Raz and others. It then considers two competing versions of a distinctly international concept of the rule of law, one based on a positivist theory of compliance and the other on a structurationist theory of practice. The former is more common in legal and political scholarship but the latter accounts better for the political power of international law in relation to states.
The International Rule of Law and the Domestic Analogy
In: Global Constitutionalism, Band v.4, Heft n.3
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Torture and the Politics of Legitimation in International Law
In: in Føllesdal, Schaffer, and Ulfstein eds. The Legitimacy of International Human Rights Regimes, 2014. Cambridge University Press
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Enchanted and Disenchanted International Law
In: Global Policy, December 2015
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Permissive Law on the International Use of Force
In: Proceedings of the annual meeting / American Society of International Law, Band 109, S. 63-67
ISSN: 2169-1118
Three Models of the International Rule of Law (Tres modelos de imperio internacional de la ley)
In: 'Tres Modelos de Imperio Internacional de la Ley/Three Models of the International Rule of Law' Revisto Filosofia Eidos, n.23, Dec. 2015.
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What is the International Rule of Law?
In: The Global Context: How Politics, Investment and Institutions Impact European Businesses. Edited by Javier Solana and Angel Saz-Carranza, ESADE Barcelona. Forthcoming
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