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Populist governments and international law

  • The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines in how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. This is, however, not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: In the political sphere their practices alter the general environment in which legal rules are interpreted. In the legal sphere populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusingThe worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines in how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. This is, however, not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: In the political sphere their practices alter the general environment in which legal rules are interpreted. In the legal sphere populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of nonintervention and foreign funding for NGOs.show moreshow less

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Metadaten
Author details:Heike KriegerGND
URN:urn:nbn:de:kobv:517-opus4-426863
DOI:https://doi.org/10.25932/publishup-42686
Title of parent work (German):KFG Working Paper Series
Publication series (Volume number):KFG Working Paper Series (29)
Publication type:Working Paper
Language:English
Date of first publication:2019/03/13
Publication year:2019
Publishing institution:Universität Potsdam
Release date:2019/03/28
Issue:29
Number of pages:29
Source:First publication of the paper: SSRN https://ssrn.com/abstract=3339338
RVK - Regensburg classification:PR 2421, PR 2200, MF 3390
Organizational units:Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?"
DDC classification:3 Sozialwissenschaften / 34 Recht
Peer review:Nicht referiert
License (German):License LogoKeine öffentliche Lizenz: Unter Urheberrechtsschutz
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