The Institutional Problem in Modern International Law

Nonfiction, Reference & Language, Law, International
Cover of the book The Institutional Problem in Modern International Law by Dr Richard Collins, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Richard Collins ISBN: 9781509900442
Publisher: Bloomsbury Publishing Publication: November 3, 2016
Imprint: Hart Publishing Language: English
Author: Dr Richard Collins
ISBN: 9781509900442
Publisher: Bloomsbury Publishing
Publication: November 3, 2016
Imprint: Hart Publishing
Language: English

Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

More books from Bloomsbury Publishing

Cover of the book A History of Italian Cinema by Dr Richard Collins
Cover of the book Happy Birthday, Sausage! A Bloomsbury Young Reader by Dr Richard Collins
Cover of the book The Hague Conferences and International Politics, 1898-1915 by Dr Richard Collins
Cover of the book A Notebook on William Shakespeare by Dr Richard Collins
Cover of the book 100 Ideas for Early Years Practitioners: Forest School by Dr Richard Collins
Cover of the book On the Religious Frontier by Dr Richard Collins
Cover of the book Earthquakes in London by Dr Richard Collins
Cover of the book Wildfire by Dr Richard Collins
Cover of the book Ludic Dreaming by Dr Richard Collins
Cover of the book Breaking by Dr Richard Collins
Cover of the book Fire Metaphors by Dr Richard Collins
Cover of the book Homer’s Iliad and the Trojan War by Dr Richard Collins
Cover of the book The Napoleonic Wars (2) by Dr Richard Collins
Cover of the book Call It What You Want by Dr Richard Collins
Cover of the book Selections from Virgil Aeneid X by Dr Richard Collins
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy