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Vol 24 No 4 April/May 2019

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The Institutional Problem in Modern International Law


ISBN13: 9781509927920
Published: April 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £28.99
Hardback edition , ISBN13 9781849465229



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Since the end of the nineteenth century, international law has been widely understood as an autonomous legal order, similar in nature if, importantly, not in structure to law within the state.

Whilst this understanding has bolstered the professional identity of international legal practice, it has come at the price of a perpetual sense of structural deficiency over the decentralised institutional nature of the international legal order.

To maintain the claim to legal autonomy, it has been common to read into the international legal order forms of normative hierarchy accompanied by functional constitutional substitutes (of a legislative, executive, or adjudicative nature).

In this book, the author engages critically with the self-defeating nature of these constitutional substitutes, explaining the irresolvable nature of this "institutional problem" as well as the shortcomings of the kind of Rule of Law idealism from which the problem arises in the first place.

Instead, the book sets out a plea for international lawyers to understand the purpose and potential of international law on its own terms, whilst at the same time challenging the coherence of the domestic legal paradigm against which its institutional structures are commonly found wanting.

Subjects:
Public International Law
Contents:
Part I: Origins
1. A Fragile Autonomy: International Law at the Turn of the Twentieth Century
2. Scepticism and Renewal: International Law in the Inter-bellum Period
3. The Institutional Problem in Modern International Law

Part II: Cause
4. Presuming Hierarchy: The Problematic Concept of the Legal Official
5. A Functional Jurisprudence? Methodological Controversies in Contemporary Legal Theory
6. Law's 'Creation Myth': Instrumental Reasoning and the Necessary Autonomy of Law

Part III: Effect
7. Domestic Analogy, the Rule of Law and the Relations Between States
8. Form and Function in the Institutionalisation of International Law
9. International Law as Governance: An Emerging Legitimacy Crisis?

Series: Hart Monographs in Transnational and International Law

Human Rights and Violence: The Hope and Fear of the Liberal World ISBN 9781849465335
To be published March 2020
Hart Publishing
£60.00
Control Beyond the State: Transnational Counter-Terrorism Law ISBN 9781849465595
To be published March 2020
Hart Publishing
£35.00
The Institutional Problem in Modern International Law ISBN 9781849465229
Published September 2016
Hart Publishing
£60.00
Transconstitutionalism ISBN 9781849464185
Published May 2013
Hart Publishing
£65.00
Transconstitutionalism (eBook) ISBN 9781782251255
Published May 2013
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
Buy
£90.00
£81.00 + £16.20 VAT
(ePub)
Buy
£28.78 + £5.76 VAT
(ePub)
Buy
£72.00 + £14.40 VAT
(ePub)
Buy
The Concept of Unity in Public International Law ISBN 9781849460439
Published March 2012
Hart Publishing
£70.00
The Concept of Unity in Public International Law (eBook) ISBN 9781847319173
Published March 2012
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
Buy
The Payment Order of Antiquity and the Middle Ages: A Legal History (eBook) ISBN 9781847318664
Published November 2011
Hart Publishing
£117.00 + £23.40 VAT
(ePub)
Buy
The Payment Order of Antiquity and the Middle Ages: A Legal History ISBN 9781849460521
Published November 2011
Hart Publishing
£130.00
The Institutional Veil in Public International Law ISBN 9781841136349
Published September 2007
Hart Publishing
£65.00
£70.00
£42.99
Terrorism and the State: Rethinking the Rules of State Responsibility ISBN 9781841136271
Published March 2006
Hart Publishing
£37.99