Legalization of International Law and Politics: Multi-Level Governance of Human Rights and Aggression

This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. It adds the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time, but also argues that law-breaking and law-distorting occurs as a part of negative legalization. It offers a framework for understanding how international law both produces and undermines order and justice and draws from realist, liberal, constructivist, cosmopolitan, and critical theories to analyse how legalization can both build and/or undermine consensus.

Format: Hardback
Length: 306 pages
Publication date: 02 January 2023
Publisher: Springer International Publishing AG

This book offers a comprehensive and intricate conceptualization of legalization, delving into its implementation at both the international and domestic levels of politics. By incorporating the insights of renowned scholars such as Kenneth Waltz, Graham Allison, and Louis Henkin, the authors expand the scope of analysis to understand the dynamics behind the development and observance of international law. However, they also acknowledge that law-breaking and law-distorting are inherent aspects of negative legalization, leading to the formulation of a framework to comprehend how international law both fosters and undermines order and justice.

Drawing from a diverse range of theoretical perspectives, including realism, liberalism, constructivism, cosmopolitanism, and critical theory, the authors examine how legalization can either contribute to or undermine consensus-building, ultimately resulting in either positive or negative legalization of international law. They argue that legalization is a dynamic and evolving process that spans across time rather than a mere snapshot in time.

Through their comprehensive exploration, the authors shed light on the complex interplay between legal frameworks, political actors, and societal dynamics, providing valuable insights into the dynamics of international law and its impact on global order. This book is a valuable resource for scholars, policymakers, and anyone interested in understanding the complexities of international relations and the role of law in shaping the world.

Weight: 534g
Dimension: 210 x 148 (mm)
ISBN-13: 9783031171680
Edition number: 1st ed. 2023