Legality and Legitimacy in Global Affairs

by Falk, Richard; Juergensmeyer, Mark; Popovski, Vesselin

• ISBN13: 9780199781577
• ISBN10: 0199781575
• Format: Hardcover
• Copyright: 2012-03-27
• Publisher: Oxford University Press

Summary

Legality and Legitimacy in Global Affairsfocuses 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.

Author Biography

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

Table of Contents

Preface	p. vii
Introduction: Legality and Legitimacy: Necessities and Problematics of Exceptionalism	p. 3
	p. 1
Law, Legitimacy and the United Nations	p. 45
Legitimacy Norms as Change Agents: Examining the Role of the Public Voice	p. 72
Defending Legality in the Age of Empire's Law	p. 92
Leaving Sovereignty Behind? An Inquiry into the Politics of Post-modernity	p. 127
International Law and Power in the Multipolar and Multicivilizational World of the Twenty-first Century	p. 149
The Trans-civilizational, the Inter-civilizational, and the Human: The Quest for the Normative in the Legitimacy Debate	p. 198
	p. 2
Rethinking Legality/Legitimacy after the Iraq War	p. 219
Lawful Authority and the Responsibility to Protect	p. 248
The Legitimacy of Invading Religious Regimes	p. 273
Legality and Legitimacy in the Global Order: The Changing Landscape of Nuclear Non-Proliferation	p. 291
	p. 3
Legality and Legitimacy: The Environmental Challenge	p. 365
Legality and Legitimacy of International Criminal Tribunals	p. 388
Legality and Legitimacy of Exporting Democracy	p. 414
Conclusion: Legitimacy as Complement and Corrective to Legality	p. 439
Index	p. 451
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