Non-Legality in International Law: Unruly Law

Non-Legality in International Law: Unruly Law

Author
Fleur Johns
Publisher
Cambridge University Press
Language
English
Year
2013
ISBN
9781107014015,2012029707
File Type
pdf
File Size
3.1 MiB

International lawyers typically start with the legal. What is a legal as opposed to a political question? How should international law adapt to the unforeseen? These are the routes by which international lawyers typically reason. This book begins, instead, with the non-legal. In a series of case studies, Fleur Johns examines what international lawyers cast outside or against law – as extra-legal, illegal, pre-legal or otherwise non-legal – and how this comes to shape political possibility. Non-legality is not merely the remainder of regulatory action. It is a key structuring device of contemporary global order. Constructions of non-legality are pivotal to debate in areas ranging from torture to foreign investment and from climate change to natural disaster relief. Understandings of non-legality inform what international lawyers today do and what they refrain from doing. Tracing and potentially reimagining the non-legal in international legal work is, accordingly, both vital and pressing.

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