Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science

This book explores how attacks on the international legal order are changing the value orientation of international law by combining theoretical and methodological analyses with individual case studies. It examines value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990, covering issues such as the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The analyses show that while a few norms have remained robust, several are changing, either in substance or in legal or social validity.

Format: Hardback
Length: 368 pages
Publication date: 31 May 2023
Publisher: Oxford University Press

International law faces a constant challenge in navigating the delicate balance between preserving the established order and adapting to emerging demands. However, the question arises as to when and how these adaptation processes evolve into a more profound transformation, potentially leading to a crisis of international law. To explore this critical inquiry, this book brings together scholars from the fields of international law and international relations. By employing a combination of theoretical and methodological analyses, along with individual case studies, the book offers readers a comprehensive framework for examining value change and exploring the underlying drivers and mechanisms at play.

The case studies presented in this book delve into the examination of value change in the foundational norms established after World War II and in the norms that emerged with the establishment of the international legal order in the post-1990 era. These case studies cover a wide range of issues, including the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the non-proliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. Through meticulous scrutiny of these cases, the book uncovers the challenges faced by each norm, the responses by norm defenders, and the eventual fate of each norm.

The analyses presented in the book reveal a nuanced picture of value change in international law. While a few norms have demonstrated remarkable resilience, others have undergone significant transformations, either in substance or in terms of their legal or social validity. This exploration highlights the complex and multifaceted nature of value change in international law, surpassing simplistic narratives of mere progress or decline.

In conclusion, this book offers a valuable contribution to the study of international law and international relations. By integrating conceptual and empirical insights from this interdisciplinary exchange, it provides a comprehensive assessment and explanation of the ambiguous nature of value change in international law. The book serves as a valuable resource for scholars, policymakers, and practitioners alike, as it sheds light on the dynamic and evolving nature of the international legal order and the challenges it faces in adapting to the changing global landscape.

Weight: 678g
Dimension: 242 x 160 x 26 (mm)
ISBN-13: 9780192855831