(Ebook PDF) Talking International Law Legal Argumentation Outside the Courtroom 1st edition by Ian Johnstone, Steven Ratner 019758845X 9780197588451 full chapters

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ISBN-10 :  019758845X 

ISBN-13 :  9780197588451

Author:  Ian Johnstone, Steven Ratner 

Examining legal argumentation by states and other actors in the settings where it mostly transpires – outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in “law talk.” Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims – including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one’s actions – or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.

Talking International Law: Legal Argumentation Outside the Courtroom 1st Table of contents:

Part I
1. International Legal Argumentation: Practice in Need of a Theory
2. Why Use the Language of the Law in Global Politics? On the Legitimacy Effects of Claiming to Act Legally
Part II
3. Arguing about the Jus ad Bellum
4. Argumentation in the UN Security Council: International Law as Process
5. Protesting the Preamble: Normative Pronouncements and Feminist Jurisprudence in the Security Council
6. Persuasion About/Without International Law: The Case of Cybersecurity Norms
7. Nuclear Non-Proliferation Law: Why Argue and to What Effect?
Part III
8. Mass Atrocity Crimes and Human Rights Discourse at the UN Security Council: Three Case Studies
9. Non-State Armed Actors and International Legal Argumentation: Patterns, Processes, and Putative Effects
10. Argumentation through Law: An Analysis of Decisions of the African Union
11. The Sanctions Regime of the African Union in Response to Unconstitutional Changes of Government
Part IV
12. Legal Argumentation in the Evolving Climate Regime
13. Law and Science in Environmental Governance: The Effects of Legal and Scientific Argumentation in the International Whaling Commission
14. International Legal Argumentation on Intellectual Property: Two Snaphots from the World Intellectual Property Organization
15. Arguing about Trade Law Beyond the Courtroom
16. The Privileges and Immunities of the United Nations
Part V
17. Toward a Theory of Legal Argumentation

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