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Non-Legality in International Law (Cambridge Studies in International and Comparative Law)

Non-Legality in International Law (Cambridge Studies in International and Comparative Law)

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Fleur Johns
Cambridge University Press
Edition: Reprint, 4/9/2015
EAN 9781107521834, ISBN10: 1107521831

Paperback, 282 pages, 22.9 x 15.2 x 1.6 cm
Language: English

International lawyers typically start with the legal. What is a legal as opposed to a political question? How should international law adapt to the unforeseen? These are the routes by which international lawyers typically reason. This book begins, instead, with the non-legal. In a series of case studies, Fleur Johns examines what international lawyers cast outside or against law - as extra-legal, illegal, pre-legal or otherwise non-legal - and how this comes to shape political possibility. Non-legality is not merely the remainder of regulatory action. It is a key structuring device of contemporary global order. Constructions of non-legality are pivotal to debate in areas ranging from torture to foreign investment and from climate change to natural disaster relief. Understandings of non-legality inform what international lawyers today do and what they refrain from doing. Tracing and potentially reimagining the non-legal in international legal work is, accordingly, both vital and pressing.

1. Making non-legalities in international law
2. Illegality and the torture memos
3. Black holes and the outside within
extra-legality at Guantánamo
4. Doing deals
pre- and post-legal choice in transnational financing
5. Receiving climate change
law, science and supra-legality
6. Death, disaster and infra-legality in international law
Conclusion.