Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science By Heike Krieger, Andrea Liese
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About this ebook
Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science is an interdisciplinary book edited by Heike Krieger and Andrea Liese, published by Oxford University Press in 2023. The text combines international law and international relations (IR) theory to examine how the foundational values and norms of the global legal system are shifting under the weight of contemporary geopolitical crises. [1, 2, 3]
Core Conceptual Framework
The book addresses a vital question: Is international law merely experiencing typical norm adaptation, or are we witnessing a fundamental transformation ("metamorphosis") of the global order? [1]
- Beyond Progress vs. Decline: The authors reject simple narratives that view international law as either steadily progressing or entirely collapsing. [1]
- The "Lock-In" Dilemma: International law is designed to "lock in" certain values to keep future behavioral changes within limits. The book studies what happens when state and non-state actors push past those limits. [1, 2]
- Dual Dimensions of Validity: It measures change by analyzing both substantive change (how the legal text or legal interpretations change) and social validity (whether states still feel socially bound to respect the norm). [1, 2]
Key Themes & Empirical Case Studies
The volume tests its framework across two eras of international law—foundational post-1945 norms and post-Cold War developments (post-1990)—using specific case studies: [1, 2]
- The Prohibition of Torture: Investigating whether the absolute ban on torture maintains its legal and social robustness despite systemic violations. [1, 2]
- The Use of Force and Self-Defence: Assessing how unilateral military actions and varying interpretations of self-defense challenge the UN Charter framework. [1, 2]
- International Criminal Justice: Exploring the tug-of-war between state sovereignty and accountability through the lens of the International Criminal Court (ICC) and political opposition to its jurisdiction. [1]
- Nuclear Non-Proliferation: Analyzing how authoritarian regimes and shifting security priorities impact the nuclear taboo. [1]
- Women's Rights and Sustainability: Tracking how international women's rights and environmental precautions (like GMO regulations) face modern political pushback and norm contestation. [1]
Structure of the Book
- Part I: Theoretical Framework: Establishes the interdisciplinary methodology mapping out how legal and political science track shifts in legal values.
- Part II: Peremptory Norms (Jus Cogens): Examines whether absolute, non-derogable international laws are successfully shielding core values from erosion.
- Part III: Reversing Trends: Looks specifically at how the optimistic liberal-cosmopolitan trends of the post-Cold War era are being actively contested or rolled back. [1, 2, 3, 4]
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3.14 MB