[Full Book] Legality And Legitimacy In Global Affairs

Legality and Legitimacy in Global Affairs PDF
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Publisher: OUP USA
Author: Richard Falk
Category : History
Languages : en
Pages : 459

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Legality And Legitimacy In Global Affairs

Legality And Legitimacy In Global Affairs by Richard Falk, Legality And Legitimacy In Global Affairs Books available in PDF, EPUB, Mobi Format. Download Legality And Legitimacy In Global Affairs books, This book focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Bringing together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa--the chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. By focusing on a diverse array of cases, this volume establishes a clear framework for judging the legitimacy of such actions.


[Full Book] Legitimacy And Legality In International Law

Legitimacy and Legality in International Law PDF
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Publisher: Cambridge University Press
Author: Jutta Brunnée
Category : Law
Languages : en
Pages :

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Legitimacy And Legality In International Law

Legality And Legitimacy In Global Affairs by Jutta Brunnée, Legitimacy And Legality In International Law Books available in PDF, EPUB, Mobi Format. Download Legitimacy And Legality In International Law books, 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 features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.


[Full Book] Legality And Legitimacy In Global Affairs

Legality and Legitimacy in Global Affairs PDF
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Publisher: Oxford University Press
Author: Richard Falk
Category : History
Languages : en
Pages : 459

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Legality And Legitimacy In Global Affairs

Legality And Legitimacy In Global Affairs by Richard Falk, Legality And Legitimacy In Global Affairs Books available in PDF, EPUB, Mobi Format. Download Legality And Legitimacy In Global Affairs books, "Legality and legitimacy in global affairs edited by Richard Falk, Mark Juergensmeyer, and Vesselin Popovski, brings together analyses of controversial events in international politics from top experts in field ; combines approaches to involvement between nations from across the social science disciplines ; approaches contemporary international relations from a philosophical, ethical, and legal standpoint" --


[Full Book] The Legality And Legitimacy Of The Use Of Force In Northeast Asia

The Legality and Legitimacy of the Use of Force in Northeast Asia PDF
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Publisher: BRILL
Author: Brendan Howe
Category : History
Languages : en
Pages : 306

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The Legality And Legitimacy Of The Use Of Force In Northeast Asia

Legality And Legitimacy In Global Affairs by Brendan Howe, The Legality And Legitimacy Of The Use Of Force In Northeast Asia Books available in PDF, EPUB, Mobi Format. Download The Legality And Legitimacy Of The Use Of Force In Northeast Asia books, In The Legality and Legitimacy of the Use of Force in Northeast Asia, Brendan Howe and Boris Kondoch offer a comprehensive evaluation of when it is right, from regional perspectives, to use force in international relations.


[Full Book] Unlawful Territorial Situations In International Law

Unlawful Territorial Situations in International Law PDF
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Publisher: Martinus Nijhoff Publishers
Author: Enrico Milano
Category : Law
Languages : en
Pages : 304

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Unlawful Territorial Situations In International Law

Legality And Legitimacy In Global Affairs by Enrico Milano, Unlawful Territorial Situations In International Law Books available in PDF, EPUB, Mobi Format. Download Unlawful Territorial Situations In International Law books, This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.


[Full Book] The Power Of Legality

The Power of Legality PDF
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Publisher: Cambridge University Press
Author: Nikolas M. Rajkovic
Category : Law
Languages : en
Pages :

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The Power Of Legality

Legality And Legitimacy In Global Affairs by Nikolas M. Rajkovic, The Power Of Legality Books available in PDF, EPUB, Mobi Format. Download The Power Of Legality books, From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.


[Full Book] Legitimacy In International Society

Legitimacy in International Society PDF
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Publisher: Oxford University Press on Demand
Author: Ian Clark
Category : Political Science
Languages : en
Pages : 278

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Legitimacy In International Society

Legality And Legitimacy In Global Affairs by Ian Clark, Legitimacy In International Society Books available in PDF, EPUB, Mobi Format. Download Legitimacy In International Society books, The word 'legitimacy' is seldom far from the lips of practitioners of international affairs. The legitimacy of recent events - such as the wars in Kosovo and Iraq, the post-September 11 war on terror, and instances of humanitarian intervention - have been endlessly debated by publics around the globe. And yet the academic discipline of IR has largely neglected this concept. This book encourages us to take legitimacy seriously, both as a facet of international behaviour with practical consequences, and as a theoretical concept necessary for understanding that behaviour. It offers a comprehensive historical and theoretical account of international legitimacy. It argues that the development of principles of legitimacy lie at the heart of what is meant by an international society, and in so doing fills a notable void in English school accounts of the subject. Part I provides a historical survey of the evolution of the practice of legitimacy from the 'age of discovery' at the endof the 15th century. It explores how issues of legitimacy were interwoven with the great peace settlements of modern history - in 1648, 1713, 1815, 1919, and 1945. It offers a revisionist reading of the significance of Westphalia - not as the origin of a modern doctrine of sovereignty - but as a seminal stage in the development of an international society based on shared principles of legitimacy. All of the historical chapters demonstrate how the twin dimensions of legitimacy - principles of rightful membership and of rightful conduct - have been thought about and developed in differing contexts. Part II then provides a trenchant analysis of legitimacy in contemporary international society. Deploying a number of short case studies, drawn mainly from the wars against Iraq in 1991 and 2003, and the Kosovo war of 1999, it sets out a theoretical account of the relationship between legitimacy, on the one hand, and consensus, norms, and equilibrium, on the other. This is the most sustained attempt to make sense of legitimacy in an IR context. Its conclusion, in the end, is that legitimacy matters, but in a complex way. Legitimacy is not to be discovered simply by straightforward application of other norms, such as legality and morality. Instead, legitimacy is an inherently political condition. What determines its attainability or not is as much the general political condition of international society at any one moment, as the conformity of its specific actions to set normative principles.


[Full Book] The Crises Of Legitimacy In Global Governance

The Crises of Legitimacy in Global Governance PDF
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Publisher: Routledge
Author: Gonca Oguz Gok
Category : Political Science
Languages : en
Pages : 264

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The Crises Of Legitimacy In Global Governance

Legality And Legitimacy In Global Affairs by Gonca Oguz Gok, The Crises Of Legitimacy In Global Governance Books available in PDF, EPUB, Mobi Format. Download The Crises Of Legitimacy In Global Governance books, Examining the interplay between the domestic, regional and global aspects of the crisis of legitimacy of global governance, this book theoretically questions and empirically analyses the "crises of legitimacy" in global governance with respect to various mechanisms, actors, and issues. It expertly sheds lights on contemporary legitimacy contestations and crises by analysing conceptual, theoretical and empirical aspects of the legitimacy in global governance. The specific issues and case studies collected in this volume survey the evolving nature of legitimacy and legitimization processes in global governance with historical, and theoretical analysis. Perspectives on specific actors and issues provide vital insights for understanding several commonalities and differences of legitimacy crises faced at various global governance mechanisms. Improving the understanding of the strengths and weaknesses of current global governance bodies by showing several legitimacy contestations and crises at global and regional level, this book will be of great interest to scholars of international relations, globalization, international Political Economy, regionalism, and general global governance studies.


[Full Book] Legitimacy In International Society

Legitimacy in International Society PDF
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Publisher: Oxford University Press on Demand
Author: Ian Clark
Category : Political Science
Languages : en
Pages : 278

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Book Description

Legitimacy In International Society

Legality And Legitimacy In Global Affairs by Ian Clark, Legitimacy In International Society Books available in PDF, EPUB, Mobi Format. Download Legitimacy In International Society books, The word 'legitimacy' is seldom far from the lips of practitioners of international affairs. The legitimacy of recent events - such as the wars in Kosovo and Iraq, the post-September 11 war on terror, and instances of humanitarian intervention - have been endlessly debated by publics around the globe. And yet the academic discipline of IR has largely neglected this concept. This book encourages us to take legitimacy seriously, both as a facet of international behaviour withpractical consequences, and as a theoretical concept necessary for understanding that behaviour. It offers a comprehensive historical and theoretical account of international legitimacy. It argues that the development of principles of legitimacy lie at the heart of what is meant by an international society,and in so doing fills a notable void in English school accounts of the subject.Part I provides a historical survey of the evolution of the practice of legitimacy from the 'age of discovery' at the end of the 15th century. It explores how issues of legitimacy were interwoven with the great peace settlements of modern history - in 1648, 1713, 1815, 1919, and 1945. It offers a revisionist reading of the significance of Westphalia - not as the origin of a modern doctrine of sovereignty - but as a seminal stage in the development of an international society based on sharedprinciples of legitimacy. All of the historical chapters demonstrate how the twin dimensions of legitimacy - principles of rightful membership and of rightful conduct - have been thought about and developed in differing contexts.Part II then provides a trenchant analysis of legitimacy in contemporary international society. Deploying a number of short case studies, drawn mainly from the wars against Iraq in 1991 and 2003, and the Kosovo war of 1999, it sets out a theoretical account of the relationship between legitimacy, on the one hand, and consensus, norms, and equilibrium, on the other.This is the most sustained attempt to make sense of legitimacy in an IR context. Its conclusion, in the end, is that legitimacy matters, but in a complex way. Legitimacy is not to be discovered simply by straightforward application of other norms, such as legality and morality. Instead, legitimacy is an inherently political condition. What determines its attainability or not is as much the general political condition of international society at any one moment, as the conformity of its specificactions to set normative principles.


[Full Book] The Power Of Legality

The Power of Legality PDF
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Publisher: Cambridge University Press
Author: Nikolas M. Rajkovic
Category : Law
Languages : en
Pages : 408

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The Power Of Legality

Legality And Legitimacy In Global Affairs by Nikolas M. Rajkovic, The Power Of Legality Books available in PDF, EPUB, Mobi Format. Download The Power Of Legality books, Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.


[Full Book] Post Cold War Anglo American Military Intervention

Post Cold War Anglo American Military Intervention PDF
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Publisher: Routledge
Author: James F. D. Fiddes
Category : Political Science
Languages : en
Pages : 254

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Post Cold War Anglo American Military Intervention

Legality And Legitimacy In Global Affairs by James F. D. Fiddes, Post Cold War Anglo American Military Intervention Books available in PDF, EPUB, Mobi Format. Download Post Cold War Anglo American Military Intervention books, Exploring case studies from the first Gulf War to the Syria crisis, this book discusses different approaches to the use of international law and the role it plays in international power politics. Analysis of the post-Cold War overseas military involvements of Western powers has focused on their legality and legitimacy, allowing for a conflation of the concepts and distracting from the true source of international legitimacy. Demonstrating compliance with international law can be helpful, but it plays a secondary role to other, more powerful considerations such as national interest and shared national security concerns. Exploring the key drivers for decision-makers, this book identifies the impact of previous experience on the use of international law in the quest for legitimacy ahead of launching military action. Patterns in approach and of relations between close Western allies (in particular the UK and US) are identified, offering valuable lessons for future strategic decision-making. This book will appeal to scholars and students of International Relations and International Law. Think Tanks focussing on International Relations and the use of force and practitioners working in the realm of foreign policy with a focus on the UN and international law will also be interested in the study and conclusions drawn.


[Full Book] Interdisciplinary Perspectives On International Law And International Relations

Interdisciplinary Perspectives on International Law and International Relations PDF
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Publisher: Cambridge University Press
Author: Jeffrey L. Dunoff
Category : Law
Languages : en
Pages : 680

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Interdisciplinary Perspectives On International Law And International Relations

Legality And Legitimacy In Global Affairs by Jeffrey L. Dunoff, Interdisciplinary Perspectives On International Law And International Relations Books available in PDF, EPUB, Mobi Format. Download Interdisciplinary Perspectives On International Law And International Relations books, This book brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law.


[Full Book] The Practice Of The United Nations In Combating Terrorism From 1946 To 2008

The Practice of the United Nations in Combating Terrorism from 1946 to 2008 PDF
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Publisher: Intersentia Uitgevers N V
Author: Bibi van Ginkel
Category : Law
Languages : en
Pages : 460

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The Practice Of The United Nations In Combating Terrorism From 1946 To 2008

Legality And Legitimacy In Global Affairs by Bibi van Ginkel, The Practice Of The United Nations In Combating Terrorism From 1946 To 2008 Books available in PDF, EPUB, Mobi Format. Download The Practice Of The United Nations In Combating Terrorism From 1946 To 2008 books, Over the last thirty years, the UN has shown an unmistakable interest in combating terrorism. In this study, the practice of the General Assembly and the Security Council in combating terrorism is analysed, in order to answer the question whether these organs, taking into account their powers and the constitutional and public international law limitations thereon, best contribute to a universal anti-terrorism policy. In order to assess whether both organs are indeed fulfilling this purpose, the analysis of the adopted counter-terrorism measures of both the General Assembly and the Security Council is focused on the legality and the legitimacy of these measures. Wheareas clearly the measures adopted should fall within the powers of the organs (legality), testing the legitimacy of these measures adds another layer of information with regard to the quality of these measures. The analysis of the legitimacy of the anti-terrorism measures is based on the theory of Thomas Franck, who claims that a rule's legitimacy provides information on the pull to compliance of the measure. Apart from a critical analysis of the legality and the legitimacy of more than 130 resolutions adopted by both UN organs, this study offers an essential insight in the way the degree of legitimacy of certain measures can be improved, and the overall effectiveness of the counter-terrorism policy of the UN can be strengthened.


[Full Book] Global Justice Human Rights And The Modernization Of International Law

Global Justice  Human Rights and the Modernization of International Law PDF
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Publisher: Springer
Author: Riccardo Pisillo Mazzeschi
Category : Law
Languages : en
Pages : 272

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Global Justice Human Rights And The Modernization Of International Law

Legality And Legitimacy In Global Affairs by Riccardo Pisillo Mazzeschi, Global Justice Human Rights And The Modernization Of International Law Books available in PDF, EPUB, Mobi Format. Download Global Justice Human Rights And The Modernization Of International Law books, This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.


[Full Book] Legitimate Targets

Legitimate Targets  PDF
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Publisher: Cambridge University Press
Author: Janina Dill
Category : History
Languages : en
Pages : 386

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Legitimate Targets

Legality And Legitimacy In Global Affairs by Janina Dill, Legitimate Targets Books available in PDF, EPUB, Mobi Format. Download Legitimate Targets books, Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.


[Full Book] Governmental Illegitimacy In International Law

Governmental Illegitimacy in International Law PDF
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Publisher: Oxford University Press on Demand
Author: Brad R. Roth
Category : Law
Languages : en
Pages : 439

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Governmental Illegitimacy In International Law

Legality And Legitimacy In Global Affairs by Brad R. Roth, Governmental Illegitimacy In International Law Books available in PDF, EPUB, Mobi Format. Download Governmental Illegitimacy In International Law books, When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge moretraditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference in matters 'essentially' within a state's domestic jurisdiction.Yet although human rights advocates have begun to speak of state sovereignty as an 'anachronism', with some expansively proclaiming the emergence of an international 'right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy.This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination,informed by theoretical and comparative perspectives on governmental legitimacy.The inquiry establishes that the category of 'illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficientdeterminacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of 'democratic governance,' nor would such a norm serve the purposes of the scheme ofsovereign equality of states embodied in the United Nations Charter.


[Full Book] Legitimacy And International Courts

Legitimacy and International Courts PDF
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Publisher: Cambridge University Press
Author: Nienke Grossman
Category : Law
Languages : en
Pages :

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Legitimacy And International Courts

Legality And Legitimacy In Global Affairs by Nienke Grossman, Legitimacy And International Courts Books available in PDF, EPUB, Mobi Format. Download Legitimacy And International Courts books, One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.


[Full Book] Legitimacy And International Courts

Legitimacy and International Courts PDF
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Publisher: Cambridge University Press
Author: Nienke Grossman
Category : Law
Languages : en
Pages :

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Legitimacy And International Courts

Legality And Legitimacy In Global Affairs by Nienke Grossman, Legitimacy And International Courts Books available in PDF, EPUB, Mobi Format. Download Legitimacy And International Courts books, One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.