Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

PART V CRITICAL APPROACHES.

The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.

Philosophers have never shied away from interrogating the nature of our obligations beyond borders. From Hobbes to the international lawyers Grotius, Pufendorf, Vattel, and of course Kant, modern philosophy has always attempted to define the nature and shape of a just international order, and the types of mutual obligations members of different political communities might share. In today's hyper-connected world, these issues are more important than ever and have been an impetus to a political theory with global scope and aspirations. Global Political Theory offers a comprehensive and cutting-edge introduction to the moral aspects of global politics today. It addresses foundational aspects of global political theory such as the nature of human rights, the types of distributive obligations that we have toward distant others, the relationship between just war theory and global distributive justice, and the legitimacy of international law and global governance institutions. In addition, it features analyses of key applied moral debates in global politics, including the ethical aspects of climate change, the moral issues raised by the mobility of financial capital, the justness of different international trade regimes, and the implications of natural resource ownership for human welfare and democratic political rule. With contributions from leading scholars in the field, this accessible and lively book will be essential reading for students and teachers of political theory, philosophy and international relations.