12 octobre 2016

OUVRAGE : N.M. Rajkovic, T. Aalberts, T. Gammeltoft-Hansen (eds.), The Power of Legality: Practices of International Law and their Politics

David ROY

From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.


List of figures
Notes on contributors
Foreword by Martti Koskenniemi

Nikolas M. Rajkovic, Tanja E. Aalberts, Thomas Gammeltoft-Hansen, Introduction: legality, interdisciplinarity and the study of practices

Friedrich Kratochwil, Re-thinking interdisciplinarity by re-reading Hume 
Anna Leander, Wouter Werner, Tainted love: the struggle over legality in international relations and international law 
Filipe Dos Reis, Oliver Kessler, The power of legality, legitimacy and the (im)possibility of interdisciplinary research 
Ciaran Burke, Moving while standing still: law, politics and hard cases

Vidya Kumar, International law, Kelsen and the aberrant revolution: excavating the politics and practices of revolutionary legality in Rhodesia and beyond 
Vassilis P. Tzevelekos, Juris dicere: custom as a matrix, custom as a norm, and the role of judges and (their) ideology in custom making 
Bas Schotel, Multiple legalities and international criminal tribunals: juridical versus political legality 
Ch. Powell and J. Strug, Palestine’s quest for statehood and the practice of the United Nations

Michael L. Buenger, Regulatory legality: extraterritorial rule across domestic and international arenas 
Surabhi Ranganathan, Legality and lawfare in regime implementation 
Maj Grasten, Whose legality? Rule of law missions and the case of Kosovo. Epilogue: re-thinking legality and practices of interdisciplinarity 
Jeffrey L. Dunoff, Perspectives on the perils, promise, politics – and practice – of interdisciplinarity

Nikolas M. RAJKOVIC, Tanja AALBERTS, Thomas GAMMELTOFT-HANSEN (eds.), The Power of Legality: Practices of International Law and their Politics, Cambridge, Cambridge University Press, 2016 (408 pp.)

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