A Metamorphosis of International Law?: Value Changes in the International Legal Order From the Perspectives of Legal and Political Science
KFG Working Paper Series, No. 27, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”
26 Pages Posted: 8 Feb 2019
Date Written: January 2019
The paper aims to lay out a framework for evaluating value shifts in the international legal order for the purposes of a forthcoming book. In view of current contestations it asks whether we are observing yet another period of norm change (Wandel) or even a more fundamental transformation of international law — a metamorphosis (Verwandlung). For this purpose it suggests to look into the mechanisms of how norms change from the perspective of legal and political science and also to approximate a reference point where change turns into metamorphosis. It submits that such a point may be reached where specific legally protected values are indeed changing (change of legal values) or where the very idea of protecting certain values through law is renounced (delegalizing of values). The paper discusses the benefits of such an interdisciplinary exchange and tries to identify differences and commonalities among both disciplinary perspectives.
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