Suttle, Oisin (2016) Law as Deliberative Discourse: The Politics of International Legal Argument - Social Theory with Historical Illustrations. Journal of International Law and International Relations, 12 (1). pp. 151-203. ISSN 1712-2988

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Abstract

In this paper I propose a novel account of international law as a subset of international political argument, in turn understood as a practice of deliberative discourse. I draw on a Habermasian communicative framework to integrate legal and political argument, facilitating a more nuanced and more plausible understanding of how international law and politics interact. Through a detailed examination of two historical cases from the first decade of the Northern Ireland conflict, involving the United Nations and the European Convention on Human Rights respectively, I illustrate three key dimensions of this framework: the relation between legal and political argument; the relation between domestic and international argument; and the distinction between strategic and communicative uses of legal argument.

Item Type:	Article
Keywords:	Deliberative Discourse; Politics; International Legal Argument; Social Theory; Historical Illustrations;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	13963
Depositing User:	Oisin Suttle
Date Deposited:	11 Feb 2021 10:35
Journal or Publication Title:	Journal of International Law and International Relations
Publisher:	Heinonline
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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