{"title":"Liberal or Not?","authors":"M. Zürn","doi":"10.1093/oso/9780198843603.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0009","url":null,"abstract":"This chapter is a comment on Jean d’Aspremont’s suggestion that the very question of the rise and decline of international law is an expression of liberal thinking as predominant in international law and that the conception of non-state actors depends on liberal theory. While there is no doubt that both the question about the rise and decline of international law and the very concept of non-state actors is compatible with liberal theory, the chapter argues that the connection is much looser than assumed by d’Aspremont. In doing so, this chapter discusses different versions of liberal theory and then goes on to show that different social theories may have varying notions of the law, but most of them are definitely interested in the question of the rise or decline of law. Similarly, the relationship between the rise of international law and non-state actors is multifaceted and of potential interest for liberal, realist, and critical theory.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122607856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Eye of the Beholder? The Contestation of Values and International Law","authors":"A. Liese, Nina Reiners","doi":"10.1093/oso/9780198843603.003.0021","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0021","url":null,"abstract":"The chapter comments on Tiyanjana Maluwa’s analysis of the contestation of value-based norms. It first, referring to the metaphor of the ‘eyes of the beholder’ and the song by Metallica with the same title, answers the question ‘Do I see what you see?’ Second, it is interested in coming closer to an intersubjective ‘truth’, that is a shared understanding for determining the alleged erosion of international law or the value-based legal norms of the United Nations (UN) Charter. By focusing on one of Maluwa’s case studies, it illustrates how conceptual choices may predetermine findings. In other words, they guide ‘into what you read’. Finally, it argues in favour of being more explicit about these choices to let others ‘see what I see’ and therefore to be transparent about the type and form of contestation one seeks to explain.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128159446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International Law within a Global International Society","authors":"A. Hurrell","doi":"10.1093/oso/9780198843603.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0005","url":null,"abstract":"This chapter is a comment on Felix Lange’s analysis of the universalization of international law from a historical-contextual perspective. Building on Lange’s arguments the comment underscores and develops further three specific themes, all of which are of ongoing relevance: the importance of mutual constitution in the relations between the West and the non-West; the need to look ‘beyond membership’; and the agency of the non-Western world. It concludes by returning to the idea of the international rule of law and the ways in which our understanding of the universalization of international law and the international rule of law may be related and brought together.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"42 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120823218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The BRICS as ‘Rising Powers’ and the Development of International Law","authors":"Aniruddha Rajput","doi":"10.1093/oso/9780198843603.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0006","url":null,"abstract":"This chapter analyses the influence of the BRICS countries as ‘rising powers’ on international law. It argues that a focus on these powers provides an appropriate index for the current development of international law. It studies the participation and influence of BRICS in the shaping of legal norms and institutions, thereby throwing light on their conceptualization of international law and the future of international law. It concludes that the activities of BRICS countries and other rising powers represent qualitative as well as quantitative progress. For the author, the current state of international law may appear to be in a state or crisis or stagnation, but has potential for rising.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126770398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From High Hopes to Scepticism? Human Rights Protection and Rule of Law in Europe in an Ever More Hostile Environment","authors":"Angelika Nussberger","doi":"10.1093/oso/9780198843603.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0010","url":null,"abstract":"The chapter argues that the dynamics inherent in the European Convention system can pose a problem to legal certainty. The first pillar of the analysis is the double link between the Strasbourg system of human rights protection and rule of law. On the one hand the Court contributes to developing the concept of rule of law by elaborating standards on the basis of concrete cases. On the other hand the Court is a major player in the international legal system and has to abide itself by the principles it develops. The second pillar of the analysis is what may be called ‘high hopes’ linked to the human rights protection system, in particular during the 1950s and the 1990s. The question arises why some member states have changed their attitude and look at European human rights protection with a critical attitude. Tensions between human rights and rule of law seem to be a relevant aspect in this respect.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125825502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Complexity Rules (or: Ruling Complexity)","authors":"Tomer Broude","doi":"10.1093/oso/9780198843603.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0015","url":null,"abstract":"This chapter is a comment on the capacity of international law to address complex problems such as climate change, as a complement and response to Jutta Brunnée’s preceding chapter. The comment first questions whether complexity is in fact a special case or rather an all-pervading characteristic of international relations, and by extension, of international law. Second, the comment questions—notwithstanding the current angst that internationalist lawyers feel and express due to what seems like a tidal-scale assault on international law—whether the international rule-of-law management of complexity is a particularly contemporary issue, or just another iteration of recurrent, resurgent, occasionally even refreshing, frictions that characterize international law. Third, the comment asks whether the challenges of complexity maintain a special relationship with international law, or whether these are substantially the same as the interactions of these issues with domestic legal systems.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117315646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Coercion, Internalization, Decolonization","authors":"F. Lange","doi":"10.1093/oso/9780198843603.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0004","url":null,"abstract":"The chapter discusses competing narratives of ‘rise’ and ‘decline’ of international law in the historical writings of international lawyers and historians. The author proposes a contextual approach to the history of international law which takes the terminology of the actors of the past seriously, but also leaves room for an assessment of functional equivalents. The author applies his contextual approach to the story of international law’s universalization. He claims that from the seventeenth century, European international law universalized via processes of forceful coercion by Western powers, internalization through non-Western states, and decolonization after the Second World War.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133739677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Do Non-State Actors Strengthen or Weaken International Law?","authors":"Jean d’Aspremont","doi":"10.1093/oso/9780198843603.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0008","url":null,"abstract":"The chapter compares the liberal beliefs and sensibilities informing the question of the rise or decline of international law with the liberalism found in the way in which the concept of non-state actors has been conceptualized, theorized, and used in international legal thought and practice. It shows that the question of whether non-state actors strengthen or weaken international law prejudges its very answer and supports an image of international law on the rise. In doing so, the discussion simultaneously shows that liberal discourses are organized around liberal symbioses that are necessary to preserve international lawyers’ confidence in the ability of international law to intervene in the problems of the world.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123179936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Relationship between Legality and Legitimacy: A Double-Edged Sword","authors":"Dana Burchardt","doi":"10.1093/oso/9780198843603.003.0019","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0019","url":null,"abstract":"This comment on Thilo Marauhn’s chapter addresses the relationship between legality and legitimacy from a norm-related perspective. It inquires into the reasons for the two-dimensional relationship between legality and legitimacy through the lens of norm theory. It considers legal norms on the one hand and legitimacy norms on the other hand, interrogating how these different kinds of norms can coexist, interrelate, and influence each other and what functions they can fulfil in the international sphere. By doing so, it highlights to what extent legal norms and legitimacy norms compete and complement each other—where the double-edged sword in the relationship between legality and legitimacy can be used for undercutting or rather for defending each other.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117236662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Is Compliance an Indicator for the State of International Law?","authors":"Jeffrey L. Dunoff","doi":"10.1093/oso/9780198843603.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198843603.003.0012","url":null,"abstract":"This chapter questions the utility of using compliance—understood as behaviour consistent with applicable rules of international law—as a direct indicator for the state of international law. Instead it develops a claim that, across many domains, contemporary international law faces a ‘compliance trilemma’. In many instances, the actors who wish to construct an international rule of law pursue the goals of (1) widespread participation, (2) ambitious legal norms, and (3) high rates of compliance. However, it is often possible to achieve, at most, two of these goals, giving rise to the Trilemma. Hence, compliance remains an important subject of study because efforts to construct an international rule of law confront inescapable trade-offs between pursuit of heightened compliance and other desirable outcomes, such as increased participation and increased depth of international legal norms.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129471265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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