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Legislative Authority and Interpretation in the European Union (Oxford Studies in European Law)
by Martijn van den BrinkAlthough legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
The Legislative Choice Between Delegated and Implementing Acts in EU Law: Walking a Labyrinth
by Eljalill Tauschinsky Wolfgang WeißIn the face of current confusion regarding the use of articles 290 and 291 TFEU, there is a need to further develop the theory of legislative delegation in the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, the expert contributors offer new insights into potential developments in EU administrative law. From this emerges a tentative categorisation that separates delegated rule-making from implementing rule-making according to the differentiation of substantive and procedural matters. However, as difficulties in the categorisation continue to remain, the book explores their systemic reasons, deeply rooted in the unclear constitutional shape of the EU. The Legislative Choice Between Delegated and Implementing Acts in EU Law will be essential reading for law academics and course leaders as well as practitioners in national and EU administration interested in this ongoing debate central to EU administrative law.
Legislative Delegation: The Erosion of Normative Limits in Modern Constitutionalism
by Bogdan IancuAn overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.
Legislative Drafting for the EU: Transposition Techniques as a Roadmap for Better Legislation and a Sustainable EU
by Helen XanthakiLegislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.This innovative book reveals the weaknesses in the current drafting of EU law and recommends concrete changes for these regulations and directives in order to aid transposition. Highlighting the importance of drafting techniques, Helen Xanthaki offers an insightful analysis of EU legislation and emphasises the benefit of citizen-centred law-making in sustaining loyalty and trust in the EU. The author explores how reform is necessary to reflect the current usage of EU legislative expressions as the final legislative text for regulation, both at supranational and national levels. Considering the best ways to aid this reform, the book discusses legislative effectiveness and regulatory efficacy, Thornton’s methodology, and the use of easified and gender inclusive language to achieve clarity, precision, and unambiguity.Providing an incisive examination of EU legislative drafting and its implications for the member states, this thought-provoking book is a crucial read for scholars of European law, legislative drafting, regulation, and EU studies.
The Legislative Priority Rule and the EU Internal Market for Goods: A Constitutional Approach (Oxford Studies in European Law)
by Eadaoin Ní ChaoimhThe process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.
The Legislative Priority Rule and the EU Internal Market for Goods: A Constitutional Approach (Oxford Studies in European Law)
by Eadaoin Ní ChaoimhThe process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.
Legislative Reference Services and Sources
by Kathleen Low Peter GellatlyHere is the first introductory guide to all aspects of providing legislative reference services. Unlike special libraries which deal with one specific discipline, legislative reference bureaus must deal with a full spectrum of subject areas and meet the unique needs of elected and appointed officials and their staffs. This guide helps librarians find the best current resources and services to answer the varied demands for information typical of legislative reference libraries. Legislative Reference Services and Sources facilitates the work of legislative librarians and makes them confident so that they can supply legislators and their staffs with the information needed to effectively examine, draft, or enact legislation of benefit to the public.No other book on the market provides such a comprehensive overview of legislative reference services. Author Kathleen Low acquaints librarians with over 100 sources useful in responding to information requests from legislators. A wide range of valuable topics are covered that will help legislative reference librarians meet the information demands of legislators and lawmakers including: an overview of essential reference services needed by legislators and their staffs specific protocols and forms of etiquette to observe when promoting services to elected and appointed officials over 100 frequently consulted titles in legislative references the usefulness of online resources how to recognize special services and sensitivity warranted by patrons and the services and responses to expect in returnLegislative Reference Services and Sources addresses the legislative reference services commonly provided, promotion of services, the librarian/client relationship, client expectations, the ethics of responding to certain requests, and the core resources used in legislative reference requests. It is an invaluable tool for beginning level legislative librarians, public services librarians, and state and federal agency librarians who need an introduction to this unique type of information service.
Legislative Reference Services and Sources
by Kathleen Low Peter GellatlyHere is the first introductory guide to all aspects of providing legislative reference services. Unlike special libraries which deal with one specific discipline, legislative reference bureaus must deal with a full spectrum of subject areas and meet the unique needs of elected and appointed officials and their staffs. This guide helps librarians find the best current resources and services to answer the varied demands for information typical of legislative reference libraries. Legislative Reference Services and Sources facilitates the work of legislative librarians and makes them confident so that they can supply legislators and their staffs with the information needed to effectively examine, draft, or enact legislation of benefit to the public.No other book on the market provides such a comprehensive overview of legislative reference services. Author Kathleen Low acquaints librarians with over 100 sources useful in responding to information requests from legislators. A wide range of valuable topics are covered that will help legislative reference librarians meet the information demands of legislators and lawmakers including: an overview of essential reference services needed by legislators and their staffs specific protocols and forms of etiquette to observe when promoting services to elected and appointed officials over 100 frequently consulted titles in legislative references the usefulness of online resources how to recognize special services and sensitivity warranted by patrons and the services and responses to expect in returnLegislative Reference Services and Sources addresses the legislative reference services commonly provided, promotion of services, the librarian/client relationship, client expectations, the ethics of responding to certain requests, and the core resources used in legislative reference requests. It is an invaluable tool for beginning level legislative librarians, public services librarians, and state and federal agency librarians who need an introduction to this unique type of information service.
Legislative XML for the Semantic Web: Principles, Models, Standards for Document Management (Law, Governance and Technology Series #4)
by Giovanni Sartor, Monica Palmirani, Enrico Francesconi and Maria Angela Angela BiasiottiThis volume examines the basic layers of the standard-based creation and usage of legislation. In particular, it addresses the identification of legislative documents, their structure, the basic metadata and legislative changes. Since mature technologies and established practices are already in place for these layers, a standard-based approach is a necessary aspect of the up-to-date management of legislative resources. Starting out with an overview of the context for the use of XML standards in legislation, the book next examines the rationale of standard-based management of legislative documents. It goes on to address such issues as naming, the Akoma-Ntoso document model, the contribution of standard-based document management to handling legislative dynamics, meta-standards and interchange standards. The volume concludes with a discussion of semantic resources and a review on systems and projects.
The Legislature in Nigeria’s Presidential Democracy of the Fourth Republic: Power, Process, and Development (Advances in African Economic, Social and Political Development)
by Omololu Fagbadebo Mojeed Olujinmi A. AlabiThis book investigates whether legislative institutions, state and national, in Nigeria’s Fourth Republic have been able to harness constitutional powers to impact public policy. Presenting how the Nigerian state has not been able to showcase the expected dividends of presidential democracy since 1999, it analyzes the crisis of governance and its impact on political stability, social cohesion, and the livelihood of citizens. The book further discusses the depreciating infrastructure, corruption, and mismanagement of public resources, and shows how defiant attitudes of public political and bureaucratic officials define the new wave of corruption and profligacy in Nigeria, presenting this development as a result of a weakened legislature. The book displays the necessity of implementing a culture of accountability and discusses oversight mechanisms to make the executive accountable. These mechanisms are designed to ensure effective public service delivery. Finally, the book situates the legislative institutions in Nigeria within the context of the contributions of the National Assembly and the Assemblies of the State Houses to the development of this emerging democracy in Africa. The book will appeal to students and scholars of political science and public administration, as well as policy-makers and practitioners interested in a better understanding of democracy, separation of powers, governance, and Nigerian politics.
Legisprudence: A New Theoretical Approach to Legislation (European Academy of Legal Theory Series)
by Luc WintgensThe unifying idea behind the essays in this volume is that,although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The focus is on problems that are common to most European legal systems, and the approach involves applying to legislative problems the tools of legal theory (hence 'legisprudence'). Traditional legal theory deals predominantly with the question of the application of law by the judge. Legisprudence enlarges the field of study so as to include the creation of law by the legislator.Following this new approach a variety of new questions and problems are raised, including the validity of norms, their meaning, and the structure of the legal system, problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory. However, by shifting the attention to the legislator, the same questions arise, though traditional legal science covers many of these questions with the cloak of sovereignty. The original essays published in this volume expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest many legal scholars around the world.
Legitimacy: The Right to Rule in a Wanton World
by Arthur Isak ApplbaumWhat makes a government legitimate? Arthur Isak Applbaum rigorously argues that the greatest threat to democracies today is not loss of basic rights or despotism. It is the tyranny of unreason: domination of citizens by incoherent, inconstant, incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Legitimacy: The State and Beyond
by Wojciech Sadurski, Michael Sevel and Kevin WaltonTraditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
Legitimacy: The State and Beyond
Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
Legitimacy and Effectiveness of ESMA’s Soft Law (Elgar Studies in Law and Regulation)
by Marloes van RijsbergenThis timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies’ soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA’s existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‘hard’ effect of these soft laws.Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA’s soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns.Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA’s soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.
Legitimacy And Legality In International Law: An Interactional Account (PDF)
by Jutta Brunnée Stephen J. ToopeIt has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Legitimacy And Legality In International Law: An Interactional Account (PDF)
by Stephen J. Toope Jutta BrunnéeIt has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
The Legitimacy and Responsiveness of Industry Rule-making
by Karen LeeRule-making is no longer an activity undertaken exclusively by public actors. Private actors are increasingly allowed by legislatures and regulatory bodies to take part in (and in some cases assume responsibility for) the formation of legally binding rules, for example in the US, UK, Australia and the EU. Departing from traditional forms of rule-making by involving private actors may enhance the ability of regulatory systems to achieve social goals, as regulatory scholars argue. However, because private actors are permitted to act in their own best interests, their involvement also raises doubts about the legitimacy of the underlying rule-making processes and the rules that are formulated. The principal aim of this book is to highlight that the tension between the responsiveness that leading international regulatory scholars advocate in order to improve regulatory effectiveness, and the law and its formal, substantive, procedural and institutional values, is not as great as may first appear. Drawing on three in-depth case studies of the experience of the Australian telecommunications industry with self-regulatory rule-making – a form of rule-making that bears the hallmarks of 'responsive regulation', 'democratic experimentalism', 'smart regulation' and other strategies of proceduralization – it is argued that industry rule-making can, as a matter of practice, be responsive and legitimate at the same time. In doing so, the book formulates and applies criteria against which industry rule-making should be evaluated and identifies a number of indicia that point to when industry rule-making is likely to be simultaneously legitimate and responsive.
The Legitimacy and Responsiveness of Industry Rule-making
by Karen LeeRule-making is no longer an activity undertaken exclusively by public actors. Private actors are increasingly allowed by legislatures and regulatory bodies to take part in (and in some cases assume responsibility for) the formation of legally binding rules, for example in the US, UK, Australia and the EU. Departing from traditional forms of rule-making by involving private actors may enhance the ability of regulatory systems to achieve social goals, as regulatory scholars argue. However, because private actors are permitted to act in their own best interests, their involvement also raises doubts about the legitimacy of the underlying rule-making processes and the rules that are formulated. The principal aim of this book is to highlight that the tension between the responsiveness that leading international regulatory scholars advocate in order to improve regulatory effectiveness, and the law and its formal, substantive, procedural and institutional values, is not as great as may first appear. Drawing on three in-depth case studies of the experience of the Australian telecommunications industry with self-regulatory rule-making – a form of rule-making that bears the hallmarks of 'responsive regulation', 'democratic experimentalism', 'smart regulation' and other strategies of proceduralization – it is argued that industry rule-making can, as a matter of practice, be responsive and legitimate at the same time. In doing so, the book formulates and applies criteria against which industry rule-making should be evaluated and identifies a number of indicia that point to when industry rule-making is likely to be simultaneously legitimate and responsive.
Legitimacy and Trust in Criminal Law, Policy and Justice: Norms, Procedures, Outcomes
by Nina PeršakWhereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.
Legitimacy and Trust in Criminal Law, Policy and Justice: Norms, Procedures, Outcomes
by Nina PeršakWhereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.
Legitimacy Gap: Secularism, Religion, and Culture in Comparative Constitutional Law
by Vincent DepaigneThis book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.
Legitimacy Gap: Secularism, Religion, and Culture in Comparative Constitutional Law
by Vincent DepaigneThis book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.
Legitimacy in EU Cartel Control (Modern Studies in European Law)
by Ingeborg SimonssonThis book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard oflegitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.
Legitimacy in International Law (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #194)
by Rüdiger Wolfrum Volker RöbenThere 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.