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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

William Abel, Elizabeth Kahn, Tom Parr, and Andrew Walton

This chapter examines whether affluent states should commit significant funds to alleviate poverty abroad. It argues not only that they should, but also that their duties to those who live in poverty go far beyond this. This argument in favour of development aid is based on the idea that an individual has a duty to prevent something very bad from happening when they can do so at little cost to themselves. The chapter then highlights that the global order plays a significant role in the persistence of global poverty, and this further supports the case for development aid. It also considers the claim that states should prioritize meeting the claims of their own members ahead of the claims of those who live abroad. The chapter shows that, even if this is true, it does not undermine the case for committing significant funds to alleviate global poverty.

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

Joseph Canning

This chapter examines St Thomas Aquinas' political ideas. Aquinas combined Aristotelian ideas with Christian concepts, distinguishing between the natural and supernatural orders, and attributing inherent validity to the natural order, including political life. His theory of law linked, through reason, the eternal law of God, natural law, human positive law, and divine law. According to Aquinas, government's justification was its purpose — securing the common good. He favoured limited monarchy in a mixed constitution. The chapter first provides a short biography of Aquinas before discussing his views on natural and supernatural orders, government, tyranny, and temporal and spiritual power. It concludes with an assessment of Aquinas' contribution to political thought in the area of just war theory.

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 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

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 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

Cary J. Nederman

This chapter examines Cicero's social and political theory, which rests upon his conception of human nature, namely that human beings are capable of speech and reason. It first provides a short biography of Cicero before discussing his discursive approach to republican rule based on the claim that human nature can only be fully realized through articulate and wise speech. For Cicero, social order requires wise leaders who direct citizens toward the proper goals of cooperation and mutual advantage and who thus seek peace rather than war. The chapter proceeds by analysing Cicero's argument that political institutions must be built upon natural law and virtue, especially justice, along with his notion of patriotic citizenship and his views on war and peace; statesmanship, courage, and otium; the origins of political inequality; and republican government.

Chapter

Carole Pateman

This chapter examines Mary Wollstonecraft's political thought. Wollstonecraft advances the argument that the private and public are interrelated and that God has given reason to both sexes. Among her ideas: ‘natural’ qualities, including masculinity and femininity, are socially constructed; reason and virtue require cultivation; private and public virtue demands non-sexually differentiated principles and standards, and freedom, equal rights, and political representation for women and men; tyranny in private, especially in marriage, undermines political virtue and active citizenship; education must be reformed, marriage transformed into an equal relationship between loving friends, and wives must have economic independence. After providing a short biography of Wollstonecraft, the chapter analyses her views on nature, sentiment, reason, men's rights and women's freedom, private virtue, and public order. It shows how Wollstonecraft's insights challenge standard conceptions 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 current research agenda of International Society.

Chapter

This chapter investigates critical approaches to global politics. While liberal and realist theorists probe each other’s ideas for faults and weaknesses, neither have challenged capitalism and its implications for social, economic, and political order. Marxism, on the other hand, which developed around the mid-nineteenth century, has provided very different perspectives and presents a significant challenge for mainstream approaches to global order in both theory and practice. Post-Marxist Critical Theory, along with historical sociology and world-systems theory, emerged in the twentieth century, giving rise to schools of thought which continue the critique of capitalism and the social and political forces underpinning it. Meanwhile, ideas arising from social theory, such as the extent to which perceptions of reality are socially conditioned and indeed ‘constructed’, achieved greater prominence following the end of the Cold War, an event which prompted many scholars to start asking new questions about global politics and the assumptions on which traditional theories rested. Constructivism, postmodernism, and poststructuralism remain concerned with issues of power and justice but provide different lenses through which these issues may be viewed in the sphere of global politics.

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 issue of human rights and its implications for justice in international relations.

Chapter

This chapter examines the rise and evolution of the liberal order that was created by the United States and and other liberal democratic states in the decades after World War II, along with the modern challenges to it. The liberal order that emerged after World War II paved the way for a rapid expansion in world trade, the successful integration of former enemies such as Japan and Germany, and the transition to liberal democracy in formerly authoritarian states. Furthermore, the collapse of communism was considered a triumph of liberalism. The chapter first explains how the American liberal order was constructed after World War II before discussing the successes of that order and the end of the ‘socialist’ project in the 1980s. It also analyzes some of the major threats to this liberal order today, particularly those from within, as a result of Donald Trump’s rejection of the American liberal tradition.

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.

Book

John W. Young and John Kent

International Relations Since 1945 provides a comprehensive introduction to global political history since World War II. The text has been comprehensively updated to cover the period between 2001 and 2012. Discussing the World Trade Center bombing and concluding with the run-up to the 2012 US presidential elections, a new final section outlines broad developments including the changing world order and the global financial crisis. Three new chapters look at terrorism, the wars in Iraq and Afghanistan, and the rise of major new powers, including China. Student learning is supported by a range of helpful learning features, including biographies of key figures and chronologies of events.

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 examines the core assumptions of liberalism regarding world politics. It explores why liberals believe in progress, what explains the ascendancy of liberal ideas in world politics since 1945, and whether liberal solutions to global problems are hard to achieve and difficult to sustain. The chapter also considers central ideas in liberal thinking on international relations, including internationalism, idealism, and institutionalism. It concludes with an assessment of the challenges confronting liberalism. Two case studies are presented. The first case study looks at the rise and fall of what it terms ‘the indispensable nation’, in other words the old liberal world order, lead by the United States. The other case study examines the African concept of sovereignty: sovereignty as responsibility.

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 U.S. foreign policy debates and policy management under the direction of George H. W. Bush and Bill Clinton. It first provides an overview of post-Cold War American internationalism before discussing the so-called ‘Kennan sweepstakes’: a conscious effort to find a post-Soviet statement of purpose to rival George Kennan’s early Cold War concept of ‘containment’ of communism. It then considers U.S. foreign policy making in the new order and in the post-Cold War era. Both the Bush and Clinton administrations wrestled with the problem of deciding on a clear, publicly defensible, strategy for U.S. foreign policy in the new era. Clinton’s first term was dominated by free trade agendas and by efforts to operationalize the policy of ‘selective engagement’, while his second term involved a noticeable turn towards unilateralism and remilitarization. The New World Order was Bush’s main contribution to thinking beyond the Cold War.