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1
International relations theory: New normative approaches. New York: Columbia University Press, 1992.
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2
1970-, Lensu Maria, and Fritz Jan-Stefan, eds. Value pluralism, normative theory, and international relations. Houndmills, Basingstoke, Hampshire: Macmillan Press, 2000.
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3
Cochran, Molly. Normative theory in international relations: A pragmatic approach. Cambridge: Cambridge Unviersity Press, 1999.
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Cochran, Molly. Normative theory in international relations: A pragmatic approach. Cambridge, UK: Cambridge University Press, 1999.
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5
Frost, Mervyn. Towards a normative theory of international relations: A critical analysis of the philosophical and methodological assumptions in the discipline with proposals towards a substantive normative theory. Cambridge: Cambridge University Press, 1986.
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Towards a normative theory of international relations: A critical analysis of the philosophical and methodological assumptions in the discipline with proposals towards a substantive normative theory. Cambridge [Cambridgeshire]: Cambridge University Press, 1986.
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7
Dyer, Hugh C. Moral order/world order: The role of normative theory in the study of international relations. Houndsmills, Basingstoke, Hampshire: Macmillan, 1997.
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8
Brown, Chris. International Relations Theory, New Normative Approaches. Harvester Wheatsheaf, 1993.
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9
Value pluralism, normative theory, and international relations. New York: St. Martin's Press, 2000.
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10
(Editor), Maria Lensu, and Jan-Stefan Fritz (Editor), eds. Value Pluralism, Normative Theory and International Relations (Millennium). Palgrave Macmillan, 2000.
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11
Cochran, Molly. Normative Theory in International Relations: A Pragmatic Approach (Cambridge Studies in International Relations). Cambridge University Press, 2000.
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12
Devetak, Richard. Critical International Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823568.001.0001.
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Whether inspired by the Frankfurt School or Antonio Gramsci, the impact of critical theory on the study of international relations has grown considerably since its advent in the early 1980s. This book offers the first intellectual history of critical international theory. Richard Devetak approaches this history by locating its emergence in the rising prestige of theory and the theoretical persona. As theory’s prestige rose in the discipline of international relations it opened the way for normative and metatheoretical reconsiderations of the discipline and the world. The book traces the lines of intellectual inheritance through the Frankfurt School to the Enlightenment, German idealism, and historical materialism, to reveal the construction of a particular kind of intellectual persona: the critical international theorist who has mastered reflexive, dialectical forms of social philosophy. In addition to the extensive treatment of critical theory’s reception and development in international relations, the book recovers a rival form of theory that originates outside the usual inheritance of critical international theory in Renaissance humanism and the civil Enlightenment. This historical mode of theorising was intended to combat metaphysical encroachments on politics and international relations and to prioritise the mundane demands of civil government over the self-reflective demands of dialectical social philosophies. By proposing contextualist intellectual history as a form of critical theory, Critical International Theory: An Intellectual History defends a mode of historical critique that refuses the normative temptations to project present conceptions onto an alien past, and to abstract from the offices of civil government.
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Forst, Rainer. Realisms in International Political Theory. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198798873.003.0010.
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This chapter explores the concept of realism in political science. It examines challenges and critiques against realism in this field, particularly when compared to its opposite—moralism. The chapter goes on to illustrate the unrealistic nature of certain realisms applied to political science, by citing three examples: the “realistic utopian” theory, immanence to practice, and a realism driven by a Nietzschean critique of morality and insisting on the categorical difference between morality and politics. The realisms of these examples are then rejected, paving the way for a discussion into the principle of justification. Finally, the chapter elaborates on two components for critical realism with regard to justice and democracy in transnational contexts: normative and empirical.
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Fuentes, Carlos Iván. Normative Plurality in International Law: A Theory of the Determination of Applicable Rules. Springer, 2018.
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15
Overcoming Poststructuralism: Rawls, Kratochwil and the Structure of Normative Reasoning in International Relations. Palgrave Macmillan, 2014.
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16
Devetak, Richard. Revisiting the Sources of Critical International Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823568.003.0003.
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This chapter revisits the intellectual resources marshalled by critical international theory. It starts with the Frankfurt School and Max Horkheimer’s distinction between two conceptions of theory—critical and traditional. The chapter then turns to extended discussions of German idealism and historical materialism—in particular, Kant, Hegel, and Marx—to outline the normative and dialectical forms of social philosophy inherited by the Frankfurt School. Arising out of Kant’s transcendental philosophy was a form of critique concerned with the epistemic conditions under which the reasoning subject attains a pure intelligence detached from experience. This provided the context in which Hegel and Marx introduced their dialectical social theories. The chapter’s final section revisits the Kantian Enlightenment, which has exerted such an important influence over critical international theory. Running through the chapter is the transformative role critical philosophy plays in restoring freedom and reason to the world.
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McCrudden, Christopher. Human Rights Theory and Comparative International Law Scholarship. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0019.
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An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (sometimes by itself, sometimes alongside ‘autonomy’ and ‘equality’) acts as an important meta-principle in the domestic use of international human rights law. The implications these functions have for normative theorising about human rights, in particular practice-dependent theories of human rights, is considered, and a theory of human rights law consistent with this practice is identified.
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Brown, Chris, and Robyn Eckersley, eds. The Oxford Handbook of International Political Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198746928.001.0001.
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This Handbook—one of a new series—sets out to describe the current state of the art in International Political Theory, and to advance this discourse into new areas. A key feature of the Handbook is the way in which its contributors engage with “real politics”: although the importance of developing so-called ideal theory is acknowledged in several chapters, the main emphasis of the book is on an engagement with empirical data and real-world politics. Conventional distinctions such as that between “critical theory” and “problem-solving theory” are challenged—the underlying contention is that, ultimately, all theory is problem-solving, and an emphasis on norms and normative theory cannot be understood as separate from so-called positive International Relations Theory. The contributors have approached the themes of the Handbook from different angles in relation to a wide range of different topics in ways that showcase the diversity of perspectives and traditions that make up the field of International Political Theory. The Handbook consists of fifty chapters organized into nine sections, covering History, Traditions and Perspectives, International Justice, Violence and Conflict, Humanitarianism and Human Rights, Democracy, Accountability and Global Governance, Ethics and International Public Policy, New Directions in International Political Theory, and, finally, a section which puts in question the relationship between International Political Theory and Real Politics.
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Anter, Andreas, ed. Die normative Kraft des Faktischen. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783748900481.
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Georg Jellinek was the most important representative of constitutional theory of his time. Up to now, his conceptions have been discussed in international state theory. Whether a two-sided theory, a three-element doctrine or a four-status doctrine—Jellinek imposed himself on the history of constitutional theory with concise numerical formulas. For a long time, his concept of the ‘normative force of the factual’ has been part of the fixed vocabulary of constitutional and political theory. Celebrated as a masterpiece on its publication, his opus magnum ‘Allgemeine Staatslehre’ was quickly translated into all the world’s languages. For Max Weber, Jellinek was the only representative of constitutional theory of worldwide standing. The contributions in this volume discuss the central aspects of Jellinek’s political and constitutional theory, examining its relevance for the solution of today's problems, not least the questions of statehood and the syndicate nature of the European Union. Andreas Anter’s fields of research include state theory, the history of political ideas and constitutional politics. With contributions by Andreas Anter, Hans Boldt, Stefan Breuer, André Brodocz, Jens Kersten, Dieter Koop, Oliver Lepsius, Walter Pauly, Martin Siebinger
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Bellamy, Alex J., and Tim Dunne. R2P in Theory and Practice. Edited by Alex J. Bellamy and Tim Dunne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198753841.013.1.
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This introductory chapter charts the evolution of R2P as a response to repeated failure of international society to respond to genocide and mass atrocities in the 1990s. It shows that the principle emerged from attempts to protect civilians from attack whilst protecting principles of order in international society. In doing so, it suggests that over time debates about R2P have shifted away from concerns about the principle’s normative value and meaning towards questions about its implementation in the most difficult of cases. The chapter attempts to introduce the whole book by surveying the principal normative, political, and operational challenges that confront R2P today.
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Geoff, Gordon. Part II Approaches, Ch.14 Natural Law in International Legal Theory: Linear and Dialectical Presentations. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0015.
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This chapter presents an overview of three active periods of natural law scholarship bearing on international legal theory, via two stories that illustrate these to effect. The first story relates in brief the renewed attention to natural law doctrine as part of historiographical and epistemological inquiries in international law and legal theory. The second presents still another means of understanding natural law and its ongoing role in international law, namely as a dialectic by which new conceptions and vocabularies of political organization have arisen under varying historical circumstances. The chapter then traces the role of natural law doctrine as part of a linear consolidation of liberal hegemony internationally from the early modern period forward, and offers the dialectical presentation covering the same time frame. The chapter concludes by returning to how natural law continues to contribute both to the possibility of new normative programs internationally, as well as the hegemonic.
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Kettemann, Matthias C. The Normative Order of the Internet. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198865995.001.0001.
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Online anarchy? Far from it: as this study convincingly shows, norms matter online. In a tour de force, internet law expert Matthias C. Kettemann analyses the genesis, ontology, and legitimation of rule and rules on the internet. Innovatively, the study establishes the emergence of a normative order of the internet, an order that integrates norms materially and normatively connected to the use and development of the internet at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Centrifugal forces contribute to normative redundancies (“normative froth”), real conflicts of norms between regulatory layers and geographically bounded normative spheres (“normative friction”), substantial structural problems (“normative fractures”), and political, commercial, and technological fragmentation of the internet. But these forces of normative disorder can be countered. As the study impressively shows, a normative turn has taken place on the internet. The rules on rule-making that have developed within the normative order of the internet explain, predict, and legitimize the creation of new norms through processes of self-learning normativity. These norms are then assessed for their internal coherence, consonance with other order norms, and consistency with the order’s finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. Thus a theory of normativity (“of the law”) that goes back to Kant needs to be fundamentally rethought: with norm-based self-organization as the principle of life that enables the transcendental constitution of normativityon the internet.
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Peari, Sagi. The Relation to Theory and Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190622305.003.0007.
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While the previous chapters are concerned with elaboration and exposition of the Choice and Equality pillars, this chapter is more concerned with implementation. Thus, it delineates CEF’s distinctiveness from other choice-of-law accounts and traces its conceptual independence from such notions as the corrective justice theory of private law and the notion of international human rights. Taking the provisions of the American Second Restatement as an example, this chapter analyzes them from the standpoint of CEF. Ultimately, in its last section, the chapter makes some observations about CEF’s suitability to provide a normative framework to meet the challenges of the digital age and the Internet.
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Brock, Lothar, and Hendrik Simon, eds. The Justification of War and International Order. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198865308.001.0001.
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The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. The book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present. It comprises contributions from International Law, History and International Relations and from Western and non-Western perspectives.
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Prah Ruger, Jennifer. International and Global Health Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199694631.003.0007.
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International health law and global health law comprise a rather new field of academic study. Most broadly, this field encompasses all international legal arrangements pertinent to health—international environmental law, humanitarian and human rights law, trade and labor law, laws relating to arms control, and so on. More narrowly, it incorporates only international legal systems targeting health threats. The two most prominent examples are the International Health Regulations (IHR), focused on infectious diseases, and WHO’s Framework Convention on Tobacco Control (FCTC), concerned with chronic diseases. The PG/SHG approach reaches beyond international health law to offer a normative global health law theory. It sees human flourishing as global society’s end goal and proposes an ethical demand for health equity as the criterion for evaluating global health law. Realizing this ethical goal will likely require legal instruments, but, more fundamentally, it will require public moral norms.
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Williams, John. The International Society – World Society Distinction. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.337.
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The English School, or society of states approach, is a threefold method for understanding how the world operates. According to English School logic, there are three distinct spheres at play in international politics, and two of these are international society and world society—the third being international system. On the one hand, international society (Hugo Grotius) is about the institutionalization of shared interest and identity amongst states, and rationalism puts the creation and maintenance of shared norms, rules, and institutions at the centre of international relations (IR) theory. This position has some parallels to regime theory, but is much deeper, having constitutive rather than merely instrumental implications. On the other hand, world society (Immanuel Kant) takes individuals, non-state organizations, and the global population as a whole as the focus of global societal identities and arrangements, and revolutionism puts transcendence of the state system at the centre of IR theory. Revolutionism is mostly about forms of universalist cosmopolitanism. This position has some parallels to transnationalism but carries a much more foundational link to normative political theory. International society has been the main focus of English School thinking, and the concept is quite well developed and relatively clear, whereas world society is the least well developed of the English School concepts and has not yet been clearly or systematically articulated.
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Kreuder-Sonnen, Christian. Emergency Powers of International Organizations. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198832935.001.0001.
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This book explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This “IO exceptionalism” is observable in the crisis responses of a diverse set of institutions including the United Nations Security Council, the European Union, and the World Health Organization. Through six in-depth case studies, the book analyzes the institutional dynamics unfolding in the wake of the assumption of emergency powers by IOs. Sometimes, the exceptional competencies become normalized in the IOs’ authority structures (the “ratchet effect”). In other cases, IO emergency powers provoke a backlash that eventually reverses or contains the expansions of authority (the “rollback effect”). To explain these variable outcomes, the book draws on sociological institutionalism to develop a proportionality theory of IO emergency powers. It contends that ratchets and rollbacks are a function of actors’ ability to justify or contest emergency powers as (dis)proportionate. The claim that the distribution of rhetorical power is decisive for the institutional outcome is tested against alternative rational institutionalist explanations that focus on institutional design and the distribution of institutional power among states. The proportionality theory holds across the cases studied in this book and clearly outcompetes the alternative accounts. Against the background of the empirical analysis, the book moreover provides a critical normative reflection on the (anti) constitutional effects of IO exceptionalism and highlights a potential connection between authoritarian traits in global governance and the system’s current legitimacy crisis.
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Buzan, Barry, and George Lawson. The English School: History and Primary Institutions as Empirical IR Theory? Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228637.013.298.
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How does the English School work as part of Empirical International Relations (IR) theory? The English School depends heavily on historical accounts, and this article makes the case that history and theory should be seen as co-constitutive rather than as separate enterprises. Empirical IR theorists need to think about their own relationship to this question and clarify what “historical sensitivity” means to them. The English School offers both distinctive taxonomies for understanding the structure of international society, and an empirically constructed historical approach to identifying the primary institutions that define international society. If Empirical IR is open to historical-interpretive accounts, then its links to the English School are in part strong, because English School structural accounts would qualify; they are, in other ways, weak because the normative theory part of the English School would not qualify. Lying behind this judgement is a deeper issue: if Empirical IR theory confines itself to regularity-deterministic causal accounts, then there can be no links to English School work. Undertaking English School insights will help open up a wider view of Empirical IR theory.
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Collins, Richard. Sources and the Legitimate Authority of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0034.
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This chapter is concerned with international law’s claim to legitimate authority and the role played by the doctrine of sources in meeting this claim. It argues that the kind of formal assessment of legality inherent in sources doctrine expresses a specific view of the legitimate authority of international law. Here, the chapter tries to defuse two misleading lines of attack: one based on the vagaries of the processes of customary law formation and ascertainment and the other based upon the exhaustiveness of sources doctrine as traditionally conceived. As this chapter shows, both criticisms miss their target by overplaying what is at stake in this view of international law’s legitimate authority. Whilst the chapter therefore defends this ‘doctrinal’ view, it nonetheless shows how a broader theory of the legitimacy of international law will necessarily have to balance content-dependent and content-independent normative evaluation.
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Filipe, dos Reis, and Kessler Oliver. Part II Approaches, Ch.17 Constructivism and the Politics of International Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0018.
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This chapter argues that the ‘moderate’ and ‘radical’ versions of constructivism differ in their very understanding of the politics of international law and thus the way they connect to international legal theory (ILT). The moderate version is formed as an attempt to marry sociological institutionalism with (what this version perceives to be) critical theory. The research of moderate constructivists is driven by a functionalist understanding of international law, in which law helps to secure normative progress. This leads moderate constructivists to make visible the force of law through states’ compliance and, subsequently, the politics of law involved in their reasons for doing/not-doing so. By taking compliance as its central problématique, this literature often refers to liberal writers in ILT and shares with them a functional understanding of law.
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Dan, Danielsen. Part II Approaches, Ch.22 International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0023.
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This chapter describes some of the most common presuppositions, assumptions, and expectations found in much of international law and economics scholarship. These are most often explained or justified on the grounds that simplifying models and assumptions are necessary to reach analytic conclusions, because the complexity of ‘real world’ economic life is impossible to capture. Yet innovation in international law and economics both at the level of theory and of substantive research will require better methods for identifying and foregrounding the assumptions and normative values that animate research choices and policy conclusion. In short, this chapter proposes a new critical practice of self-conscious analytic introspection and normative transparency, which would be useful to move international law and economic theory beyond its prior limits.
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Samantha, Besson. Part II Approaches, Ch.19 Moral Philosophy and International Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0020.
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This chapter offers a critical discussion of the origins, aims, and main contributions of moral philosophies of international law. Then, in moving beyond mere exposition, the chapter turns to a meta-theoretical discussion of international law, and in particular to how international legal theory should best be conceived and conducted. The chapter argues for the development of normative legal philosophies of international law that take the normativity of law and hence its legality more seriously than international legal theorists have so far, but also than moral philosophers of international law have themselves, thus breaking away from the sterile oppositions between ‘realist’ and so-called ‘moralist’ approaches to international law.
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Bodansky, Daniel, Jutta Brunnée, and Ellen Hey, eds. The Oxford Handbook of International Environmental Law. Oxford University Press, 2008. http://dx.doi.org/10.1093/oxfordhb/9780199552153.001.0001.
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This book takes stock of the major developments in international environmental law, while exploring the field's core assumptions and concepts, basic analytical tools, and key challenges. It aims to strike a balance between practical preoccupations and critical or theoretical reflection. Each chapter examines an issue that is central to scholarly debates or policy development. The book consists of forty-seven chapters in seven parts. Part I sets the stage, identifying overarching issues. Part II offers readers a range of theoretical lenses through which to analyse both the problems facing international environmental law and the solutions it may offer. Part III reviews the treatment of basic-issues areas. Part IV analyses the process of normative development in international environmental law. Part V assesses key theoretical concepts. Part VI examines the roles of various actors and institutions, and Part VII analyses issues of implementation and enforcement. Topics range from global environmental governance as administration and its implications for international law, science and technology, international relations theory, ethics and international environmental law, ecosystems and sustainable development, hazardous substances and activities, and international dispute settlement.
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Zürn, Michael. Normative Principles. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819974.003.0002.
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The global governance system rests on three normative principles, each of which qualifies the Westphalian principle of sovereignty. The first questions the implicit notion that all political communities are territorially segmented by highlighting the notion of common goods that need to be achieved together. The second questions the idea that political authorities are absolute by noting the rights of individuals and entitlements of non-state actors that they have independent of being members of a state. The third principle questions the notion that there are no authorities other than the state by mooting the possibility of international authority. This chapter discusses these normative principles and their “empirical appropriateness.” In using the method of rational reconstruction, it is shown that the assumptions of a global governance system seem to be better suited to understand world politics in the twenty-first century than the notion of an anarchic international system or an international society.
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Elies, van Sliedregt. Part 2 Attributing Criminal Responsibility, 5 Principals and Accessories. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199560363.003.0005.
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This chapter discusses principal and accessorial liability in international criminal law. It analyzes participation models in international criminal law through the lens of the approaches discerned in the previous chapter. When discussing the distinction between principals and accessories in international criminal law, it becomes clear that the normative approach to criminal participation has gained ground in recent years. For that reason, the chapter elaborates on the distinguishing criterion in a normative model of participation, which means answering the question who is ‘most responsible’. Different theories have been developed in national criminal law to answer that question. One such theory is Roxin's theory of Tatherrschaft. This theory warrants analysis since it has been influential in international criminal law, particularly at the International Criminal Court (ICC). It is attuned to system criminality and lies at the basis of the ‘control of the crime’ theory adopted at the ICC.
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Mačák, Kubo. Normative Underpinnings. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819868.003.0006.
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This chapter considers the normative underpinnings of the present-day regulation of combatancy. It argues that a wholesale denial of combatant status to fighters in internationalized armed conflicts would be incongruous with the principles of distinction and equal application of the law. The chapter then considers specific objections against the extension of combatant status to non-state actors from the perspective of internationalized armed conflicts. It argues that although some of the objections carry certain weight in the context of traditional civil wars, their effect in internationalized armed conflicts is significantly weaker. The chapter thus shows that in principle, the availability of combatant status to fighters in internationalized armed conflicts is in accordance with the normative underpinnings of International Humanitarian Law.
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Andromachi, Georgosouli. Part I How Practices Become Norms: The Continued Development of Shipping Law, 5 Standardization Theory and the Limits of its Applicability. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198757948.003.0005.
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This chapter evaluates the theory of spontaneous legal standardization proposed in Chapter 4, which tries to answer the following question: Without a central legislative authority, how will international commercial law, for example shipping law, be standardized? The two key merits of Chapter 4’s thesis are, on the one hand, it is inter-disciplinary in nature and, on the other hand, the fact that the implications of the thesis go beyond commercial law and shipping law. However, this theoretical framework also suffers from three major flaws. The first one concerns the nature of the question that it tries to answer; the second concerns the nature of the theory of spontaneous legal standardization that Chapter 4 puts forward; the third concerns several assumptions that seem to be embedded into the network externalities theory as an explanandum of the phenomenon of spontaneous legal standardization (rather than as a normative theory).
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Gragl, Paul. Legal Monism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796268.001.0001.
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This book defends the theory of legal monism against dualism and pluralism. Whereas dualism holds that different bodies of law such as international and national law are entirely separate and pluralism argues that there are many potentially overlapping and heterarchical bodies of law, monism considers all law to form part of one unitary and hierarchically ordered legal order, be it international, EU, or national law. To this end, this book will use the pure theory of law of the Vienna School of Jurisprudence, which has—since its inception in the first half of the twentieth century—been largely ignored by legal theorists. On the basis of philosophical/epistemological, legal, and moral/political arguments, it will argue in favour of monism under the primacy of international law, i.e. that in cases of normative conflicts, international and EU law prevail over national law, and thereby restore the respect for international legal cooperation. In other words, it will argue that only this version of monism takes the law and the concept of legal validity seriously; that it can better describe and explain the relationship between legal orders and resolve normative conflicts than dualism and pluralism; and that it has a superior moral dimension, which can help bring about a cosmopolitan legal order under global democracy and peace.
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Devetak, Richard. Crisis and Critique. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823568.003.0005.
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This chapter provides an exposition of critical international theory as currently expressed and practised. It situates the discussion in perception of disciplinary and global crisis, arguing that crisis is a condition of theoretical critique and critical international theory itself. The chapter discusses the link between knowledge and interests, in which critical international theory’s engagement with the philosophical exercise of self-reflection is a fundamental process of Kantian Enlightenment. The chapter then elaborates the various ways critical international theorists have conceived emancipation and political transformation. The normative, sociological, and praxeological dimensions of critical international theory are considered in relation to the emancipatory rethinking and restructuring of international relations. As a form of reflexive social philosophy in which meta-theoretical imperatives to problematize the self are privileged, mastering dialectical philosophy was and remains essential to the formation of the critical persona in whom critique is both a theoretical attitude and a lived experience.
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Peari, Sagi. The Foundation of Choice of Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190622305.001.0001.
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This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines, and concepts. It offers a conceptual account of choice of law, called “choice equality foundation” (CEF), which aims to flesh out the normative basis of the subject. This book reveals that, despite the multiplicity of titles and labels within the myriad choice-of-law rules and practices of the US, Canadian, European, and other systems, many of them effectively confirm and crystallize CEF’s vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice, whereby the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification for the nature (and limits) of such popular principles as “party autonomy,” “most significant relationship,” and “closest connection” (Chapters 2 and 3), discusses such topics as the actual operation of “public policy” doctrine in domestic courts (Chapter 4) and the relation between the notion of international human rights and international commercial dealings (Chapter 5), and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age (Chapter 6).
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Dingwerth, Klaus, Antonia Witt, Ina Lehmann, Ellen Reichel, and Tobias Weise, eds. International Organizations under Pressure. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198837893.001.0001.
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The book reconstructs how the normative yardsticks that underpin evaluations of international organizations have changed since 1970. Based on in-depth case studies of normative change in five international organizations over a period of five decades, the authors argue that, these days, international organizations confront a longer and more heterogeneous list of normative expectations than in previous periods. Two changes are particularly noteworthy. First, international organizations need to demonstrate not only what they do for their member states, but also for the individuals in member states. Second, while international organizations continue to be evaluated in terms of what they achieve, they are increasingly also measured by how they operate. As the case studies reveal, the more pluralist patchwork of legitimacy principles today’s international organizations confront has multiple origins. It includes the politicization of expanding international authority, but also a range of other driving forces such as individual leadership or normative path dependence. Despite variation in the sources, however, the consequences of the normative shift are similar. Notably, a longer and more heterogenous list of normative expectations renders the legitimation of international organizations more complex. Strikingly, then, at a time when many feel international cooperation is needed more than ever, legitimating the forms in which such cooperation takes place has become most difficult. International organizations have come under pressure.
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Kim, Sungmoon. Democracy after Virtue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190671235.001.0001.
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In the past two decades contemporary Confucian political theory has been propelled by the dialectical conversation between Confucianism and democracy and, more recently, between Confucian democracy and Confucian meritocracy. However, the absence of a shared point of reference in developing Confucian democratic theory has made it extremely difficult to understand whether the disagreement between Confucian democrats and Confucian meritocrats is merely a political one or is also of philosophical significance. Democracy after Virtue explores a normative Confucian democratic theory that justifies democracy on pragmatic grounds, both as a political system and as a way of life in East Asia, with special attention to Confucianism, a dominant cultural tradition in the region, as well as to the value pluralism and moral conflict that increasingly characterize the circumstances of East Asian politics. It presents “pragmatic Confucian democracy” as a fresh normative framework that can help (1) identify the social circumstances that require a democracy as a political system in a Confucian society, (2) explain the internal connection between two dimensions of democracy that are commonly presented in political science as being at odds with each other, (3) make sense of the value of democracy coherently with reference to its two dimensions, (4) illuminate the theoretical connection between democratic procedures and the outcomes they produce, and (5) articulate distinctively Confucian democratic principles of justice in criminal punishment, economic distribution, and international relations (humanitarian intervention in particular) from a pragmatic standpoint.
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Köchler, Hans. Normative Inconsistencies in the State System with Special Emphasis on International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0009.
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A system of legal norms should be free of contradictions. The idea of justice is incompatible with an erratic interpretation and, subsequently, arbitrary application of norms. Systemic contradictions make actions by state authorities unpredictable. However, at the domestic as well as at the international level, considerations of power and interest have often made of the respective body of norms a “hermeneutical minefield.” The international legal order contains contradictions even between the most basic principles such as state sovereignty, self-determination and the rules of international humanitarian law. While, at the national level, the authority of constitutional courts may help to eliminate contradictions and inconsistencies, there exists, apart from limited regional arrangements, no such separation of powers at the international level. The article analyzes the systemic, destabilizing impact of normative contradictions in exemplary cases related to the interpretation of the UN Charter and the system of international humanitarian and international criminal law.
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Gragl, Paul. The Moral Appeal of Legal Monism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796268.003.0005.
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This chapter looks beyond the mere epistemological and descriptive horizon of legal monism and enquires as to what follows from a unitary view of the law in normative sense. Furthermore, this necessitates the question of whether monism is indeed capable of improving the law as it is, and if the answer is yes, in what way it can achieve this goal. It will be argued that especially regarding international law, the pure theory of law is very open to extra-legal elements, namely in three distinct areas, which will also form the main sections of this chapter: ideological criticism; democracy (as well as constitutional review); and pacifism (as well as cosmopolitanism).
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Bellamy, Alex J., and Tim Dunne, eds. The Oxford Handbook of the Responsibility to Protect. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198753841.001.0001.
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In 2005, world leaders made a unanimous commitment to the responsibility to protect (R2P) principle. This Handbook provides a comprehensive assessment of the theory, politics, and practice of R2P, which interrogates its place in world politics and key international institutions, its impact and relationship with the most significant contemporary crises and its future trajectories. In so doing, this book provides a one-stop ‘shop’ for R2P focused around seven themes: ‘history’—examining the evolution of sovereignty, responsibility, and humanitarian intervention; ‘theory’—evaluating the key normative and conceptual puzzles provoked by R2P; ‘institutions’—examining the implementation of R2P through global institutions, especially the UN; ‘regional perspectives’—charting how different parts of the world relate to R2P; ‘cross-cutting themes’—focusing on its relationship with peacebuilding, peacekeeping, gender, protection, and other thematic issues; ‘cases’—exploring how R2P relates to the most pressing international problems; and ‘future trajectories’—where leading thinkers and practitioners reflect on the norm’s future.
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Evans, Gareth. R2P. Edited by Alex J. Bellamy and Tim Dunne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198753841.013.49.
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R2P was designed for pragmatists, not purists: to change state behaviour, not make new law or rewrite international relations theory. Since 2005 it has gathered momentum as a normative force, institutional catalyst, and framework for both preventive and reactive action. There are many grounds for optimism about its consolidation and further development in all these respects over the next decade and beyond: it is no longer possible for policy-makers to think and act as if mass atrocity crimes committed behind sovereign state borders are nobody else’s business. But, with dissension over the implementation of its Libyan intervention mandate in 2011 paralysing the Security Council’s subsequent response to atrocities in Syria, much remains to be done to recreate Council consensus over the hardest cases, those potentially requiring coercive military force. Some variation on the concept of ‘responsibility while protecting’, first advanced by Brazil in 2011, offers the most productive way forward.
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Griffiths, Ryan D. Secession and the Sovereignty Game. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501754746.001.0001.
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This book offers a comprehensive strategic theory for how secessionist movements attempt to win independence. Combining original data analysis, fieldwork, interviews with secessionist leaders, and case studies on Catalonia, the Murrawarri Republic, West Papua, Bougainville, New Caledonia, and Northern Cyprus, the book shows how the rules and informal practices of sovereign recognition create a strategic playing field between existing states and aspiring nations that the book terms “the sovereignty game.” To win sovereign statehood, all secessionist movements have to maneuver on the same strategic playing field while varying their tactics according to local conditions. To obtain recognition, secessionist movements use tactics of electoral capture, nonviolent civil resistance, and violence. To persuade the home state and the international community, they appeal to normative arguments regarding earned sovereignty, decolonization, the right to choose, inherent sovereignty, and human rights. The pursuit of independence can be enormously disruptive and is quite often violent. By advancing a theory that explains how sovereign recognition has succeeded in the past and is working in the present, and by anticipating the practices of future secessionist movements, the book also prescribes solutions that could make the sovereignty game less conflictual.
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Raible, Lea. Human Rights Unbound. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198863373.001.0001.
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This book develops a theory of extraterritorial human rights obligations in international law. It links debates on human rights theory with those relating to extraterritoriality and merges accounts of economic social and cultural rights with those of civil and political rights. It advances four main arguments aimed at changing the way we think about extraterritoriality of human rights. First, it is argued that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, it is argued that these same values justify the allocation of human rights obligations towards specific individuals to public institutions—including states—that hold political power over said individuals. And fourth, the book argues that title to territory is best captured by the value of stability, as opposed to integrity and equality. If these arguments are successful, their consequence is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on the present account, this threshold is not just a conceptual necessity but a normative one as well. It is needed because it not only describes, but also justifies the allocation of obligations.
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Cornago, Noé. Diplomacy and Revolution. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.155.
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The relationship between diplomacy and revolution is often intertwined with the broader issue of the international dimensions of revolution. Diplomacy can offer important insights into both the historical evolution of world order and its evolving functional and normative needs. In other words, the most important dimension of diplomacy, beyond its concrete symbolic and pragmatic operational value, is its very existence as raison de système. A number of scholarly works that explore the link between revolution and the international arena have given rise to a minority subfield of scholarly research and debate which is particularly vibrant and plural. Three basic lines of research can be identified: case studies undertaken by historians and area studies scholars that focus on the international dimensions surrounding particular revolutions; comparative political studies that address the international implications of revolutions by departing from a more comprehensive theoretical framework but still based in comprehensive case studies; and more theoretically comprehensive literature which, in addition to careful case studies, aims to provide a general and far-reaching explanatory theoretical framework on the relationship between revolution and long-term historical change from different perspectives: English school international theory, neorealism, world systems analysis, postmarxism, or constructivism. In a context of growing inequality and global exploitation, the international dimension of revolutions is receiving renewed attention from scholars using innovative critical theoretical approaches.
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Ishay, Micheline. Human Rights and History. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.212.
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As a focus of academic inquiry, human rights gained legitimacy only after World War II. While the subject received consistent attention within the field of international law, greater attention from other disciplines became more significant in the mid-1960s. Yet, it was after the Cold War, in the era of globalization, that human rights research became a well-entrenched interdisciplinary field. Even though no encompassing history of human rights was yet to be found in the late twentieth century, many important historical human rights studies had already appeared. Until the Cold War, the study of international relations had been grounded in efforts to integrate political theory and history. As ideological confrontation heightened during the Cold War, history became more descriptive, formalistic, and divorced from political theory, or from any normative or political purpose. With the end of the Cold War, the advance of globalization, the war on terror, and the current meltdown of the global economy, the past 20 years have sent a succession of electric shocks through the nervous system of the international order. The sense of being buffeted by unpredictable events stimulated new efforts to comprehend the direction of history, or, alternatively, to assert its timeless truths. Despite a significant body of enriching historical scholarship, however, it remains the case that both history and historiography have been widely overlooked, not only in the burgeoning human rights academic field, but also in most disciplines within the social sciences.