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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. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Sommario
Chapter 1. Introduction: Re-conceptualizing Legalization: the Positive and Negative Uses and Effects of International Law.- Chapter 2. Negative Legalization of Lawyers in National Security Lawfare .- Chapter 3. Legalization of Reform of Torture Laws and Practices: Compliant, Exceptionalist and Hybrid Types.- Chapter 4. Limits to the Legalization of Economic, Social and Cultural Rights: Ambiguous Obligation and Imprecision with Varying Implementation.- Chapter 5. Positive and Negative Legalization of Women's Rights: The Limits on Implementation by the Committee for the Elimination of Discrimination against Women.- Chapter 6. Legalization of Human Rights in Africa.- Chapter 7. European Regional Effects on Legalization: EU Accession and Responses to Russian Aggression.- Chapter 8. Conclusion.
Info autore
Henry (Chip) Carey is Associate Professor of Political Science at Georgia State University, USA. He has published numerous essays and authored or edited a dozen books on international law, peace-building, human rights and democratization. He is editor most recently of Peacebuilding Paradigms: The Impact of Theoretical Diversity on Implementing Sustainable Peace (2021) and Understanding Contemporary Latin America (2022); and co-editor of Justice and World Order: Reassessing Richard Falk's Scholarship and Advocacy (2022). He is also editor of the Journal of International Organization Studies and United Nations Law Reports, and chair through 2024 of the International Law section of the ISA.
Stacey M. Mitchell is Associate Professor of Political Science at Georgia State University's Perimeter College, USA. She specializes in the areas of genocide, human rights, international law, and transitional justice. She has co-authored two books with Henry Carey: Understanding International Law through Moot Courts (2014) and The Trials and Tribulations of International Law (2013). Her most recent book, Institutional Legacies: Decision Frames and Political Violence in Rwanda and Burundi (2018), addresses the causal impact the interrelationship between institutional legacies and the process of democratization had on inducing genocide in Rwanda in 1994 and lesser violence in Burundi in 1993.
