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Risk and International Law
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There is a dialectical relation between law and uncertainty, the forms of which vary from one legal field to another. This chapter identifies the three key questions which frame the examination of this dialectic in the following chapters in the book: how is the future imagined in a particular legal field; how are these imaginings translated into rights, duties and competences operating in the present; and how does the distribution of rights, duties and comeptencies affect the distribution of risks, costs and benefits?The chapter explores the involvement of international law in debates about future imaginings, the reconfiguration of risk and the impacts of those future imaginings, be they utopian or dystopian, on present and future subjects of international law.
Title: Risk and International Law
Description:
There is a dialectical relation between law and uncertainty, the forms of which vary from one legal field to another.
This chapter identifies the three key questions which frame the examination of this dialectic in the following chapters in the book: how is the future imagined in a particular legal field; how are these imaginings translated into rights, duties and competences operating in the present; and how does the distribution of rights, duties and comeptencies affect the distribution of risks, costs and benefits?The chapter explores the involvement of international law in debates about future imaginings, the reconfiguration of risk and the impacts of those future imaginings, be they utopian or dystopian, on present and future subjects of international law.
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