Legality and Legitimacy in Global Affairs

by Richard Falk (Editor), Mark Juergensmeyer (Editor), Vesselin Popovski (Editor)

Overview

Legality and Legitimacy in Global Affairs focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Edited by Mark Juergensmeyer, Richard Falk, and Vesselin Popovski, this volume brings together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa. Chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. The book argues that while some interventions may not be technically legal, they may well be legitimate (e.g. Kosovo), and also concentrates on establishing the grounds for legitimate intervention. Some cases, like Iraq, fail the test. Transnational intervention by states and international institutions has increased since the globalization wave of the of the 1990's and especially since 9/11. This book, by focusing on a diverse array of cases, establishes a clear framework for judging the legitimacy of such actions.

Product Details

ISBN-13:	9780199781584
Publisher:	Oxford University Press
Publication date:	03/27/2012
Pages:	472
Product dimensions:	6.10(w) x 9.10(h) x 1.30(d)

About the Author

Richard Falk is Professor Emeritus of International Law at Princeton University.

Mark Juergensmeyer is Professor of Global & International Studies, Sociology, and Religious Studies at the University of California-Santa Barbara.

Vesslin Popovski is Senior Academic Program Officer at United Nations University.

Table of Contents

1. Legality/Legitimacy: Necessities and Problematics of Exceptionalism, Richard Falk

Part One
2. Law, Legitimacy, and the United Nations, Ramesh Thakur
3. Legitimacy Norms as Change Agents: Examining the Role of the Public Voice, Andrew Joseph Loomis
4. Defending Legality in the Age of Empire's Law, Amy Bartholomew
5. Leaving Sovereignty Behind? An Inquiry into the Politics of Post-Modernity, Friedrich Kratochwil
6. International Law and Power in the Multipolar and Multi-civilizational World of the 21st Century, Yasuaki Onuma
7. The Transcivilizational, the Intercivilizational, and the Human: The Quest for the Normative in the Legitimacy Debate, Giles Gunn

Part Two
8. Rethinking Legality/Legitimacy after the Iraq War, Christine Chinkin
9. Lawful Authority and the Responsibility to Protect, Anne Orford
10. The Legitimacy of Invading Religious Regimes, Mark Juergensmeyer
11. Legality and Legitimacy in the International Order: The Changing Landscape of Nuclear Nonproliferation, Asli Bali

Part Three
12. Legality and Legitimacy: The Environmental Challenge, Lorraine Elliott
13. Legality and Legitimacy of International Criminal Tribunals, Vesselin Popovski
14. Legality and Legitimacy of Exporting Democracy, Daniele Archibugi and Mariano Croce
15. Conclusion: Legitimacy as Complement and Corrective to Legality, Vesselin Popovski and Nicholas Turner

Editorial Reviews

"The relationship between legality and legitimacy is fascinating, complex, and increasingly important in world affairs. This volume offers an unflinching look at the temptations to privilege legitimacy over legality and a sophisticated analysis of how the very concept of legitimacy can both erode the strength of international law and enhance its enforcement. A timely and thought-provoking book."—Anne-Marie Slaughter, Bert G. Kerstetter '66 University Professor of Politics and International Affairs, Princeton University, Princeton University

"A uniquely brilliant, penetrating, even passionate collection. Essential for all who make-and break-national and international public policy."—Burns H. Weston, Bessie Dutton Murray Distinguished Professor of Law and Senior Scholar, Center for Human Rights, The University of Iowa

"Among the excellent contemporary explorations of the space between law and legitimacy, this book can fairly claim preeminence."—Tom Farer, University Professor, University of Denver

"The thickets of legality and legitimacy are pursued provocatively by the eminent editors and contributors to this fine work; they bring, overall, a vision of 'global affairs' deeply sensitive to the plight of the world's worst-off humans, and all living beings on this distressed planet. This work remains indispensable for students, teachers, public citizens, policymakers, and human rights and social movement activists everywhere."—Upendra Baxi, Emeritus Professor of Law, University of Warwick and Delhi

From the Publisher