Cambridge University Press Legitimacy and Legality in International Law: An Interactional Account: 67 (Cambridge Studies in International and Comparative Law, Series Number 67)

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed. Review 'Jutta Brunné and Stephen Toope have written an engagingly readable and perceptive book that draws fruitfully on some of Lon Fuller's ideas, as they explore the ways in which international norms and obligations have emerged and evolved during recent decades.' Matthew H. Kramer, Transnational Legal Theory'… exceedingly good … a highly convincing account of the emergence of international law.' Wibren van der Burg, University of Toronto Law Journal Book Description An account of the role that legal obligation plays in creating and maintaining effective international law. About the Author Jutta Brunnée is Professor of Law and Metcalf Chair in Environmental Law at the University of Toronto.Stephen J. Toope is President and Vice-Chancellor of the University of British Columbia.