Jutta Brunnée
Biographic Data
| ID | 1667868 |
|---|---|
| NAME | Jutta Brunnée |
| GIVEN NAMES | Jutta |
| FAMILY NAME | Brunnée |
| SIGNATURE | BRUNNÉE J |
| AFFILIATIONS | University of Toronto |
| VERIFIED | No |
| TOTAL WORKS | 18 |
| TOTAL CITATIONS | 82 |
| AUTHOR COUNT | 18 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Seventy-five years of legal education and scholarship at the ‘modern’ Faculty of Law
This is an introduction to ‘Looking Forward by Looking Back,’ a special issue of the University of Toronto Law Journal dedicated to the proceedings of a conference celebrating the seventy-fifth anniversary of the University of Toronto Faculty of Law. The introduction begins by reviewing Cecil A ‘Caesar’ Wright’s writings about the nature and purpose of a modern law school and, following the issue’s themes, suggesting how looking back to Wright’s …
Sources of International Environmental Law
This chapter begins by outlining an alternate, ‘interactional’, understanding of the concept of ‘sources of law’, which it takes to refer to processes that are shaped by requirements of legality and through which legal norms are made and remade. This approach does not entail that the law-making methods listed in Article 38 of the International Court of Justice (ICJ) Statute have ceased to matter in international environmental law (IEL)—far from i…
Norm Robustness and Contestation in International Law
Using the example of the right to self-defense under customary international law, we engage with questions concerning the linkage between norm robustness and legality. We draw out important differences between validity contestation and applicatory contestation within law. In so doing, we connect the international relations (IR) debate over norm robustness with our framework of interactional international law, bringing together constructivist insi…
Self-Defence Against Non-State Actors
Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address …
The Sovereignty of International Law
Patrick Macklem’s The Sovereignty of Human Rights is underpinned by a commitment to explaining the role of human rights law from the ‘inside’ of international law, distinguishing this strictly legal realm from global politics. We explore questions surrounding the ‘inside’ and ‘outside’ of international law by juxtaposing Macklem’s positivist, validity-focused, account and our own ‘interactional’ approach, which embraces the embeddedness of law in…
Constructivism and International Law
Over the last decade or so, a new dialogue has emerged between international relations (IR) theorists interested in the social creation of identity and who focus attention on the role of norms in international politics, and international law (IL) scholars for whom normative evolution is a stock-in-trade. These norm-interested IR thinkers have been labeled “constructivists.” Constructivists are interested in many questions, of which the social cre…
Interactional international law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
History, mystery, and mastery
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Legitimacy and Legality in International Law
It 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 fe…
The Responsibility to Protect and the Use of Force
The rapid rise of the responsibility to protect provides us with a unique opportunity to consider the impact of a decade or so of determined norm entrepreneurship. The responsibility to protect has not yet become a binding norm of international law, and in this article we examine what factors are holding back or promoting this development. We draw on an 'interactional' account of international law, which focuses on three inter-locking elements. F…
Iraq
In his September 2003 address to the United Nations general assembly, Secretary General Kofi Annan warned that the UN Charter's legal and institutional framework on the use of military force among states had come to a "fork in the road." He asked a "high-level panel on threats, challenges and change" to consider practical options for reform. Quite clearly, the secretary-general's initiative was a response to the combination of the United States' …
The United States and International Environmental Law
For many observers, the U.S. decision in 2001 to abandon the Kyoto Protocol to the United Nations Framework Convention on Climate Change, encapsulates an alarming trend in American attitudes towards international environmental law. This article explores recent trends in U.S. approaches. It begins by canvassing the trajectory of U.S. practice since around the 1992 Earth Summit in Rio. This review suggests that some shifts in legal avenues for shap…
Canada and the use of Force
The events of 11 September 2001 propelled the issue of global terrorism to the top of the international agenda, and prompted dramatic shifts in international political dynamics. Although there is wide agreement that the world is facing complex security challenges, a harsh debate has opened up over the appropriate responses. Building on the existing rhetoric of the "clash of civilizations," this debate was initially cast as one between the west an…
The Use of Force
Debates surrounding the second Iraq war have prompted a range of commentators to diagnose the death of the law on the use of force, to call for its adaptation to the globalization of threats and the problem of so-called failed States, or to assert the need to defend the UN Charter framework. In this article, we look behind the shrill rhetoric of the post-invasion commentary and invite a sober assessment of the current situation. Our aim is not to…
Slouching Towards New 'Just' Wars
Twentieth-century international law was in large part a struggle to reduce the evil of war by codifying a restrictive doctrine of 'just war'. The US Administration under George W. Bush has made concerted efforts to resurrect an expansive doctrine of just war: one rooted in broad moral, rather than restrictive legal, assessments of threats and punishments. Existing rules ask us to pause and inquire whether war is necessary and just. The debate ove…
COPing with Consent
The growing sense of urgency regarding various global environmental problems has prompted calls for global legislative processes that could produce binding outcomes. However, as law-making gravitates into international forums, questions are raised regarding the legitimacy of international environmental governance. Much law-making today occurs under multilateral environmental agreements (‘MEAs’), such as the Climate Change Convention and its Kyoto…
Environmental Security and Freshwater Resources
We have previously argued that international environmental law does not adequately promote environmental security because it has failed to adopt an ecosystem orientation. In this paper we suggest that environmental security in the context of freshwater resources can only be achieved through a sophisticated understanding of regime formation and elaboration, linked with a determined pursuit of ecosystem orientation. Our underlying assumptions are t…
The Jigsaw Puzzle of International Environmental Protection
Airborne pollution of the marine environment has not received great attention in the literature. This is certainly a reflection of the fact that, for the longest time, this type of pollution was neglected in international efforts to cooperate for the protection of the marine environment. However, the last few years have witnessed considerable activity in this area and some stock-taking is in order
COPing with Consent
The growing sense of urgency regarding various global environmental problems has prompted calls for global legislative processes that could produce binding outcomes. However, as law-making gravitates into international forums, questions are raised regarding the legitimacy of international environmental governance. Much law-making today occurs under multilateral environmental agreements (‘MEAs’), such as the Climate Change Convention and its Kyoto…
Environmental Security and Freshwater Resources
We have previously argued that international environmental law does not adequately promote environmental security because it has failed to adopt an ecosystem orientation. In this paper we suggest that environmental security in the context of freshwater resources can only be achieved through a sophisticated understanding of regime formation and elaboration, linked with a determined pursuit of ecosystem orientation. Our underlying assumptions are t…
Self-Defence Against Non-State Actors
Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address …
The Use of Force
Debates surrounding the second Iraq war have prompted a range of commentators to diagnose the death of the law on the use of force, to call for its adaptation to the globalization of threats and the problem of so-called failed States, or to assert the need to defend the UN Charter framework. In this article, we look behind the shrill rhetoric of the post-invasion commentary and invite a sober assessment of the current situation. Our aim is not to…
Norm Robustness and Contestation in International Law
Using the example of the right to self-defense under customary international law, we engage with questions concerning the linkage between norm robustness and legality. We draw out important differences between validity contestation and applicatory contestation within law. In so doing, we connect the international relations (IR) debate over norm robustness with our framework of interactional international law, bringing together constructivist insi…
The Responsibility to Protect and the Use of Force
The rapid rise of the responsibility to protect provides us with a unique opportunity to consider the impact of a decade or so of determined norm entrepreneurship. The responsibility to protect has not yet become a binding norm of international law, and in this article we examine what factors are holding back or promoting this development. We draw on an 'interactional' account of international law, which focuses on three inter-locking elements. F…
Interactional international law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The United States and International Environmental Law
For many observers, the U.S. decision in 2001 to abandon the Kyoto Protocol to the United Nations Framework Convention on Climate Change, encapsulates an alarming trend in American attitudes towards international environmental law. This article explores recent trends in U.S. approaches. It begins by canvassing the trajectory of U.S. practice since around the 1992 Earth Summit in Rio. This review suggests that some shifts in legal avenues for shap…
Canada and the use of Force
The events of 11 September 2001 propelled the issue of global terrorism to the top of the international agenda, and prompted dramatic shifts in international political dynamics. Although there is wide agreement that the world is facing complex security challenges, a harsh debate has opened up over the appropriate responses. Building on the existing rhetoric of the "clash of civilizations," this debate was initially cast as one between the west an…
The Sovereignty of International Law
Patrick Macklem’s The Sovereignty of Human Rights is underpinned by a commitment to explaining the role of human rights law from the ‘inside’ of international law, distinguishing this strictly legal realm from global politics. We explore questions surrounding the ‘inside’ and ‘outside’ of international law by juxtaposing Macklem’s positivist, validity-focused, account and our own ‘interactional’ approach, which embraces the embeddedness of law in…
History, mystery, and mastery
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Jigsaw Puzzle of International Environmental Protection
Airborne pollution of the marine environment has not received great attention in the literature. This is certainly a reflection of the fact that, for the longest time, this type of pollution was neglected in international efforts to cooperate for the protection of the marine environment. However, the last few years have witnessed considerable activity in this area and some stock-taking is in order
The Jigsaw Puzzle of International Environmental Protection
Airborne pollution of the marine environment has not received great attention in the literature. This is certainly a reflection of the fact that, for the longest time, this type of pollution was neglected in international efforts to cooperate for the protection of the marine environment. However, the last few years have witnessed considerable activity in this area and some stock-taking is in order
Environmental Security and Freshwater Resources
We have previously argued that international environmental law does not adequately promote environmental security because it has failed to adopt an ecosystem orientation. In this paper we suggest that environmental security in the context of freshwater resources can only be achieved through a sophisticated understanding of regime formation and elaboration, linked with a determined pursuit of ecosystem orientation. Our underlying assumptions are t…
COPing with Consent
The growing sense of urgency regarding various global environmental problems has prompted calls for global legislative processes that could produce binding outcomes. However, as law-making gravitates into international forums, questions are raised regarding the legitimacy of international environmental governance. Much law-making today occurs under multilateral environmental agreements (‘MEAs’), such as the Climate Change Convention and its Kyoto…
The United States and International Environmental Law
For many observers, the U.S. decision in 2001 to abandon the Kyoto Protocol to the United Nations Framework Convention on Climate Change, encapsulates an alarming trend in American attitudes towards international environmental law. This article explores recent trends in U.S. approaches. It begins by canvassing the trajectory of U.S. practice since around the 1992 Earth Summit in Rio. This review suggests that some shifts in legal avenues for shap…
Canada and the use of Force
The events of 11 September 2001 propelled the issue of global terrorism to the top of the international agenda, and prompted dramatic shifts in international political dynamics. Although there is wide agreement that the world is facing complex security challenges, a harsh debate has opened up over the appropriate responses. Building on the existing rhetoric of the "clash of civilizations," this debate was initially cast as one between the west an…
The Use of Force
Debates surrounding the second Iraq war have prompted a range of commentators to diagnose the death of the law on the use of force, to call for its adaptation to the globalization of threats and the problem of so-called failed States, or to assert the need to defend the UN Charter framework. In this article, we look behind the shrill rhetoric of the post-invasion commentary and invite a sober assessment of the current situation. Our aim is not to…
Slouching Towards New 'Just' Wars
Twentieth-century international law was in large part a struggle to reduce the evil of war by codifying a restrictive doctrine of 'just war'. The US Administration under George W. Bush has made concerted efforts to resurrect an expansive doctrine of just war: one rooted in broad moral, rather than restrictive legal, assessments of threats and punishments. Existing rules ask us to pause and inquire whether war is necessary and just. The debate ove…
Iraq
In his September 2003 address to the United Nations general assembly, Secretary General Kofi Annan warned that the UN Charter's legal and institutional framework on the use of military force among states had come to a "fork in the road." He asked a "high-level panel on threats, challenges and change" to consider practical options for reform. Quite clearly, the secretary-general's initiative was a response to the combination of the United States' …
Legitimacy and Legality in International Law
It 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 fe…
The Responsibility to Protect and the Use of Force
The rapid rise of the responsibility to protect provides us with a unique opportunity to consider the impact of a decade or so of determined norm entrepreneurship. The responsibility to protect has not yet become a binding norm of international law, and in this article we examine what factors are holding back or promoting this development. We draw on an 'interactional' account of international law, which focuses on three inter-locking elements. F…
Interactional international law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
History, mystery, and mastery
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Constructivism and International Law
Over the last decade or so, a new dialogue has emerged between international relations (IR) theorists interested in the social creation of identity and who focus attention on the role of norms in international politics, and international law (IL) scholars for whom normative evolution is a stock-in-trade. These norm-interested IR thinkers have been labeled “constructivists.” Constructivists are interested in many questions, of which the social cre…
The Sovereignty of International Law
Patrick Macklem’s The Sovereignty of Human Rights is underpinned by a commitment to explaining the role of human rights law from the ‘inside’ of international law, distinguishing this strictly legal realm from global politics. We explore questions surrounding the ‘inside’ and ‘outside’ of international law by juxtaposing Macklem’s positivist, validity-focused, account and our own ‘interactional’ approach, which embraces the embeddedness of law in…
Sources of International Environmental Law
This chapter begins by outlining an alternate, ‘interactional’, understanding of the concept of ‘sources of law’, which it takes to refer to processes that are shaped by requirements of legality and through which legal norms are made and remade. This approach does not entail that the law-making methods listed in Article 38 of the International Court of Justice (ICJ) Statute have ceased to matter in international environmental law (IEL)—far from i…
Norm Robustness and Contestation in International Law
Using the example of the right to self-defense under customary international law, we engage with questions concerning the linkage between norm robustness and legality. We draw out important differences between validity contestation and applicatory contestation within law. In so doing, we connect the international relations (IR) debate over norm robustness with our framework of interactional international law, bringing together constructivist insi…
Self-Defence Against Non-State Actors
Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address …
Seventy-five years of legal education and scholarship at the ‘modern’ Faculty of Law
This is an introduction to ‘Looking Forward by Looking Back,’ a special issue of the University of Toronto Law Journal dedicated to the proceedings of a conference celebrating the seventy-fifth anniversary of the University of Toronto Faculty of Law. The introduction begins by reviewing Cecil A ‘Caesar’ Wright’s writings about the nature and purpose of a modern law school and, following the issue’s themes, suggesting how looking back to Wright’s …
Political science (17 works) · International law (15 works) · Law (14 works) · Sociology (13 works) · Law (12 works) · Law and economics (11 works) · Politics (8 works) · International Law and Human Rights (7 works) · Global Peace and Security Dynamics (6 works) · Principle of legality (6 works)