Kredel, Nicolas: Operation "Enduring Freedom" and the Fragmentation of International Legal Culture

Comparing US Common Law and Civil Law Perspectives on the International Use of Force. This book submits that one reason for the transatlantic divide between the US and Continental Europe is cultural fragmentation. The lack of mutual understanding and reciprocal persuasion of American and Continental-European international lawyers is rooted in differences in legal culture. Continental-European civil law and American common law culture fundamentally differ with regard to the role of the judicial process, the method of legal reasoning, the general paradigm of legal analysis, the value of neutrality, and the required degree of formalism. In the field of the international use of force, these cultural differences shape international legal discourse and thus can be identified on a theoretical and on a methodological plane. To bridge the transatlantic divide, international lawyers must adapt their argumentative style to the cultural conventions of their transatlantic audience. 263 Seiten, broschiert (Schriften zum Völkerrecht; Band 163/Duncker & Humblot 2006) schwarzer Filzstiftstrich auf Kopfschnitt