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Chapter

14. The politics of international law  

Continuity and change

This chapter draws together the key themes of this book, using contemporary debates over the nature and future of international order, and explores likely sources of continuity and change in the politics of international law. It begins by expanding on the concept of international order and, more specifically, the so-called liberal international order that has framed international politics in the postwar period. The chapter asks whether and why the liberal international order is in crisis and how it is likely to evolve. It then turns to the rise of non-Western powers, a phenomenon that many observers have argued is contributing to the crisis of the current order. The focus is on what the changing balance of material power may reveal about the present and future of international law. Finally, the chapter offers some tentative conclusions about the politics of international law two decades into the twenty-first century.

Chapter

This chapter describes the broad challenges involved in establishing global order under conditions of anarchy through international law. The fact that there is no world government with powers akin to national governments means that maintaining cooperative relations between and among states is always a careful balancing act, given the problem of enforcing international law in the absence of a single, overarching sovereign authority. The chapter looks at law in the global sphere through the notion of rule of law. It then considers the emergence of international law in broad historical perspective. Moving on to international law in the twentieth century, and up to the present period, the chapter examines the nature of treaties, charters, and covenants which operate in multiple issue areas from postal services, trade, and aviation to communications, the environment, and human rights. It also focuses on two major international courts: the International Court of Justice (ICJ) and the International Criminal Court (ICC). Finally, the chapter reflects on how the principles and practices of a rules-based international order are faring in the contemporary period with a focus on Russia, China, and the US.

Chapter

Tim Dunne

This chapter examines the main assumptions of the English school, the principal alternative to mainstream North American theorizations of International Relations. It first provides an overview of what the English school is and how it emerged before discussing its methodology as well as its master-concept of international society. It then considers three concepts that are the primary theoretical contribution of the English school: the social order established by states and embodied in the activities of practitioners must be understood alongside the dynamics of the international system and world society. The chapter proceeds by exploring the English school’s position on the issue of human rights and its implications for justice in international relations.

Chapter

This chapter investigates whether and how the laws that govern armed conflict achieve their objective of minimizing the suffering of combatants and non-combatants alike. International humanitarian law (IHL) reflects the tensions of an international legal order that oscillates between the apologist tendency to reflect state practice and state self-interest and the utopian desire to reflect higher values of justice and human dignity. The chapter begins with a brief overview of the evolution of this body of law, the codification of which dates from the second half of the nineteenth century. It then turns to the question of terminology, analysing the political origins and legal implications of the relatively recent term ‘international humanitarian law’. The chapter focuses on two key questions. Firstly, who or what is a legitimate target during an armed conflict? Secondly, what are legitimate means of conducting armed conflict? The chapter also considers the status of nuclear weapons under international law, a topic that captures well both the possibilities and limits of IHL.

Chapter

This chapter analyses and assesses the movement towards a more Global IR. The chapter first revisits the origins of IR. While the foundational narrative stresses the origin of IR as a normative project of avoiding war in Europe, obscuring the discipline’s colonial and racist aspects, this chapter highlights broader concerns and contributions from the periphery, such as anti-colonialism, racism, underdevelopment, and world order. The second part captures IR’s neglect and lack of fit with non-Western experiences during the postwar phase of Americanization with the help of a case study—of the liberal order—and the seminal work of Mohammed Ayoob dealing with Third World Security. Part three examines efforts in various parts of the world to develop arguments and positions that question the universality of the discipline and aspire to inject greater diversity into IR. It is argued here that such regional contributions to IR need not undermine the globalization of IR theory but can complement and enrich it in the path to a Global IR.

Chapter

This chapter examines the global order, led by the United States, that emerged at the end of the cold war and asks whether it has been effectively challenged by rising powers. It begins with a discussion of the challenges to the idea of a U.S.-dominated global order, focusing in particular on the role of large, emerging developing countries as well as the idea of the BRICS (Brazil, Russia, India, China, and South Africa) in the context of the future of the global economy. The chapter then considers the more recent economic slowdown in the emerging world, along with the political and social challenges facing many emerging societies. It also analyses some of the major theoretical arguments about the impact of rising powers on international relations and whether they are powerful enough to affect international order. The chapter also asks, what is the role of emerging powers in a post-Western order characterized both by US/China rivalry and by pressing global challenges such as climate change and the Covid-19 pandemic?

Chapter

This chapter examines the global order, led by the United States, that emerged at the end of the cold war and asks whether it has been effectively challenged by rising powers. It begins with a discussion of the challenges to the idea of a U.S.-dominated global order, focusing in particular on the role of large, emerging developing countries as well as the idea of the BRICS (Brazil, Russia, India, China, and South Africa) in the context of the future of the global economy. The chapter then considers the more recent economic slowdown in the emerging world, along with the political and social challenges facing many emerging societies. It also analyses some of the major theoretical arguments about the impact of rising powers on international relations and whether they are powerful enough to affect international order.

Chapter

This chapter examines the rise of modern international order. It begins with a discussion of international orders before the modern period, focusing on how trade and transport helped to link diverse parts of the world. It then considers debates about the 1648 Peace of Westphalia, along with nineteenth-century developments such as industrialization and imperialism. It also explores the main ideas that underpinned modern international order, the ‘shrinking of the planet’ that arose from the advent of new technologies, the emergence of intergovernmental organizations and international non-governmental organizations, and the advent of a radically unequal international order. The chapter concludes with case studies on the dual character of international law and imperialism in China.

Chapter

This chapter examines the International Society tradition of international relations (IR). International Society, also known as the ‘English School’, is an approach to world politics that places emphasis on international history, ideas, structures, institutions, and values. After providing an overview of International Society’s basic assumptions and claims, the chapter considers the three traditions associated with the leading ideas of the most outstanding classical theorists of IR such as Niccolò Machiavelli and Immanuel Kant: realism, rationalism, and revolutionism. It then explores International Society’s views regarding order and justice, world society, statecraft and responsibility, and humanitarian responsibility and war; as well as how International Society scholars have used a historical approach to understand earlier international systems and the development of international society. It also discusses several major criticisms against the International Society approach to IR and concludes with an overview of the current research agenda of International Society.

Chapter

This chapter examines traditional theories in global politics. Although much of the explicit theorizing about international politics did not begin until the twentieth century, both liberalism and realism have drawn on long-standing ideas in the history of political thought to address basic problems of international order. So too has the English School which, while encompassing aspects of both liberalism and realism, has focused much more attention on the social character of international or global relations, elaborating in particular the notion of international society and its normative underpinnings. While most theorizing has been carried out largely, but not exclusively, on the basis of Western philosophical ideas, a new Chinese school of moral realism draws from ancient Chinese thought. Ultimately, both liberalism and realism have been modified over the years with competing strands developing within them, so neither can be taken as a single body of theory.

Chapter

This chapter examines the rise of modern international order. It begins with a discussion of international orders before the modern period, focusing on how trade and transport helped to link diverse parts of the world. It then considers debates about the 1648 Peace of Westphalia, along with nineteenth-century developments such as industrialization and imperialism. It also explores the main ideas that underpinned modern international order, the ‘shrinking of the planet’ that arose from the advent of new technologies, the emergence of intergovernmental organizations and international non-governmental organizations, and the advent of a radically unequal international order. The chapter concludes with an analysis of the significance of nineteenth-century developments for twentieth- and twenty-first-century international relations.

Chapter

This chapter focuses on human rights, a perfect topic through which to study the interaction between law and politics in international relations. The topic of human rights offers a microcosm of the clashes and contradictions between realism and idealism, legal principles and political expediencies, state and non-state actors, and collective and individual rights, which characterize international order. The chapter defines human rights and outlines their international legal framework. The chapter then traces the postwar evolution of international human rights law (IHRL). It explains how, by the late twentieth century, the concept of human rights had captured the global imagination. It also explores the international political context in which the rise of human rights took place, including decolonization and the explosion in rights-based civil society activism in the 1970s. Finally, the chapter analyses the efficacy of IHRL in a world of sovereign states, before assessing the cultural relativist critique of human rights, which challenges their claim to universality, often from the perspective of postcolonial societies.

Chapter

This chapter discusses what is often regarded as the central institution, not only of domestic or national political order but also of current international or global order—the state. Alongside the state, we must also consider the idea of the nation and the ideology of nationalism—perhaps the most powerful political ideology to emerge in the modern world. There is, however, another form of international political order that has actually been far more common throughout history, and that is empire. With the rise of modernity from around the beginning of the seventeenth century, we also encounter the rise of the modern state and state system in Europe along with ideas about sovereignty, citizenship, the nation-state, and democracy. The chapter then looks at the effective globalization of the European state system through modern imperialism and colonialism and the extent to which these have been productive of contemporary global order.

Chapter

This chapter examines the landmark series of negotiations between Arabs and Israelis in the early 1990s, culminating in the Oslo accords (1993), which marked the first and so far, the only sustained effort at peaceful resolution of the Arab–Israeli conflict. These events, which dominated the regional panorama and captured the international imagination, assist one's understanding not only of the nature and direction of Middle East politics, but also their positioning within the emerging international order as outlined by then US President George H. W. Bush. At first, it seemed that the accords, in reconciling the two major parties to the conflict — the Israelis and the Palestinians — were a demonstration of an emerging and more liberal international system. Yet the fragility of this system, in the Middle East as elsewhere, was soon exposed.

Chapter

This chapter examines the field of political economy from a historical, comparative, and international perspective, focusing on how ideas, practices, and institutions develop and interact over place and time. It first provides an overview of political economy as a field of study before discussing some important theories such as Marxism, liberalism, and economic nationalism. It then considers key issues such as the interaction of states and markets and the North–South divide, along with Karl Marx's critique of international political economy (IPE). It also explores the post-war international economic order and the twin phenomena of globalization and regionalization in the post-Cold War era before concluding with an analysis of the ‘boom and bust’ episodes in the global capitalist economy such as the global financial crisis of 2008.

Book

Edited by Michael Cox and Doug Stokes

US Foreign Policy provides a perspective on US foreign policy that is critical and connected. This text aims to help with the critically assessment of US foreign policy, presenting the reader with diverse political perspectives and giving them the tools to come to their own conclusions. Carefully developed ‘major debates’ and ‘controversies’ features help readers to connect theory with the real-world politics. As policy continues to change before our eyes, the text provides an overview of America’s ever-changing role in international politics. This new edition reflects the legacy of the Obama administration, the unfurling impacts of President Donald Trump, and the American role in world affairs. It includes new chapters on gender, religion, East Asia, and the Liberal International Order.

Chapter

Christian Reus-Smit

This chapter examines debates surrounding the nature and efficacy of modern international law. It begins by discussing the reasons why international societies construct institutions, and why different sorts of institutions have emerged in different historical contexts. It then considers the nature and origins of the modern institution of international law, its relationship with the practice of multilateralism, and the recent cosmopolitanization of the global legal order. It also explores the laws of war and concludes with an overview of different theoretical approaches to international law such as realism, neoliberal institutionalism, and constructivism. Two case studies are presented: the first is about whether international law is an expression of Western dominance and the second is about individual criminal accountability in non-Western countries.

Chapter

This chapter examines the liberal tradition in international relations (IR). It first considers the basic liberal assumptions, including a positive view of human nature and the belief that IR can be cooperative rather than conflictual. In their conceptions of international cooperation, liberal theorists emphasize different features of world politics. The chapter explores the ideas associated with four strands of liberal thought, namely: sociological liberalism, interdependence liberalism, institutional liberalism, and republican liberalism. It also discusses the debate between proponents of liberalism and neorealism, and it identifies a general distinction between weak liberal theories that are close to neorealism and strong liberal theories that challenge neorealism. Finally, it reviews the liberal view of world order and the notion that there is a ‘dark’ side of democracy.

Chapter

This chapter examines the International Society tradition of international relations (IR). International Society, also known as the ‘English School’, is an approach to world politics that places emphasis on international history, ideas, structures, institutions, and values. After providing an overview of International Society’s basic assumptions and claims, the chapter considers the three traditions associated with the leading ideas of the most outstanding classical theorists of IR such as Niccolò Machiavelli and Immanuel Kant: realism, rationalism, and revolutionism. It then explores International Society’s views regarding order and justice, world society, statecraft and responsibility, and humanitarian responsibility and war; as well as how International Society scholars have used a historical approach to understand earlier international systems and the development of international society. It also discusses several major criticisms against the International Society approach to IR and concludes with an overview of the research agenda of International Society after the Cold War.

Chapter

Christian Reus-Smit

This chapter examines debates surrounding the nature and efficacy of modern international law. It begins by discussing the reasons why international societies construct institutions, and why different sorts of institutions have emerged in different historical contexts. It then considers the nature and origins of the modern institution of international law, its relationship with the practice of multilateralism, and the recent cosmopolitanization of the global legal order. It also explores the laws of war and concludes with an overview of different theoretical approaches to international law such as realism, neoliberal institutionalism, and constructivism. Two case studies are presented: the first is about whether international law is an expression of Western dominance and the second is about individual criminal accountability in non-Western countries. There is also an Opposing Opinions box that asks whether international law has any real effect on the nature and conduct of international relations.