
The Institutional Problem in Modern International Law
Richard Collins(Author)
Hart Publishing
Published on 18. April 2019
Book
Paperback/Softback
304 pages
978-1-5099-2792-0 (ISBN)
Description
Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 17 mm
Weight
468 gr
ISBN-13
978-1-5099-2792-0 (9781509927920)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Richard Collins
The Institutional Problem in Modern International Law
E-Book
11/2016
1st Edition
Hart Publishing
€38.49
Available for download

Richard Collins
The Institutional Problem in Modern International Law
E-Book
11/2016
1st Edition
Hart Publishing
€38.49
Available for download
Person
Richard Collins is a Lecturer in Law at University College Dublin.
Content
Part I: Origins
1. A Fragile Autonomy: International Law at the Turn of the Twentieth Century
2. Scepticism and Renewal: International Law in the Inter-bellum Period
3. The Institutional Problem in Modern International Law
Part II: Cause
4. Presuming Hierarchy: The Problematic Concept of the Legal Official
5. A Functional Jurisprudence? Methodological Controversies in Contemporary Legal Theory
6. Law's 'Creation Myth': Instrumental Reasoning and the Necessary Autonomy of Law
Part III: Effect
7. Domestic Analogy, the Rule of Law and the Relations Between States
8. Form and Function in the Institutionalisation of International Law
9. International Law as Governance: An Emerging Legitimacy Crisis?
1. A Fragile Autonomy: International Law at the Turn of the Twentieth Century
2. Scepticism and Renewal: International Law in the Inter-bellum Period
3. The Institutional Problem in Modern International Law
Part II: Cause
4. Presuming Hierarchy: The Problematic Concept of the Legal Official
5. A Functional Jurisprudence? Methodological Controversies in Contemporary Legal Theory
6. Law's 'Creation Myth': Instrumental Reasoning and the Necessary Autonomy of Law
Part III: Effect
7. Domestic Analogy, the Rule of Law and the Relations Between States
8. Form and Function in the Institutionalisation of International Law
9. International Law as Governance: An Emerging Legitimacy Crisis?