Journal articles: 'International normative theory'

1

Paterson, Matthew. "International relations theory: new normative approaches." International Affairs 69, no. 2 (April 1993): 331. http://dx.doi.org/10.2307/2621598.

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Hoffman, Mark. "States, cosmopolitanism and normative international theory." Paradigms 2, no. 1 (June 1988): 60–75. http://dx.doi.org/10.1080/13600828808442960.

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Hoffman, Mark. "Towards a normative theory of international relations." International Affairs 63, no. 1 (1986): 101. http://dx.doi.org/10.2307/2620240.

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Mansbach, Richard W. "Integrating Normative Theory in Teaching International Relations." International Studies Perspectives 13, no. 1 (December 20, 2011): 10–12. http://dx.doi.org/10.1111/j.1528-3585.2011.00451.x.

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DOBSON, LYNN. "Normative theory and Europe." International Affairs 82, no. 3 (May 2006): 511–23. http://dx.doi.org/10.1111/j.1468-2346.2006.00548.x.

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Frost, Mervyn. "Normative theory and international relations: overcoming the posittvist bias." Politikon 12, no. 1 (June 1985): 3–15. http://dx.doi.org/10.1080/02589348508704845.

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Munyao, Allan. "THE NORMATIVE IRRELEVANCE OF AUSTIN’S COMMAND THEORY IN INTERNATIONAL LAW." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 3 (October 15, 2016): 569. http://dx.doi.org/10.22146/jmh.16694.

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AbstractJohn Austin has been widely criticized and supported in equal measure for his bold assertion that international law is not ‘real law’ due to the lack of a ‘sovereign’. This article explores Austin’s position and analyzes it as against its veracity in relation to current legal systems; modern contemporary international law; and analysis of legal questions in the international arena. While indeed Austin’s position was true about the legal systems of his time, the same cannot be transposed into the international legal system. If on the other hand the transposition is necessary, it will be shown that international law is indeed ‘real law’ with a somewhat real ‘sovereign’ just like any municipal law

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Brown, Chris. "Ethics of coexistence: the international theory of Terry Nardin." Review of International Studies 14, no. 3 (July 1988): 213–22. http://dx.doi.org/10.1017/s0260210500113270.

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Normative international theory addresses the moral dimension of international society and the logic of ‘ought’ statements in international relations. The traditional content of normative international theory has been dominated by such issues as: the nature of international law and the moral basis of the rights and duties it imposes on states and individuals; the ethics of pacifism and the theory of the 6just war’ the morality of intervention; and, most fundamentally, the nature of the ethical requirements that need to be met if a system of inter-state relations can justly be characterized as an ‘international society’. While such issues have never disappeared from academic study, the dominant modes of international relations theorizing in the 1960s and 1970s—whether realist, neo-realist, pluralist or structuralist—were at one, if for different reasons? in keeping them at the bottom of the agenda paper. And yet, the 1980s has seen a revival of normative international theory. The reasons for this renewal of interest are two-fold. On the one hand, the traditional agenda of normative theory, as outlined above, has never lost its salience in the real world even if unfashionable in academia; since it is in the nature of fashions to change some sort of revival of interest in the old questions was to be expected. But of rather more importance has been the emergence of a new range of normative issues: demands from the ‘south’ for a New International Economic Order have placed the politics of redistribution on the international agenda for the first time—revisionist states in the 1980s no longer make territorial demands but appeal to status quo oriented states to make concessions on the basis of economic justice. In today's world normative statements are as likely to be about the debt crisis as they are to be about the conduct of the Gulf War or the US intervention in Grenada. Mainstream international relations theory has generally refused to ask or answer moral questions, but this strategy of avoidance has not succeeded. Questions such as ‘what ought to be our attitude to poverty in the South?’ or ‘how ought the world' financial system respond to the debt problems of Brazil or Zambia?’ cannot be wished away—as anyone who has taught international political economy will be well aware. Normative theory cannot answer questions like this but it can help each individual to provide his or her own response—and no more important task exists for the discipline of international relations.

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Lepard, Brian D. "Towards a Normative Theory of Customary International Law as Law." Proceedings of the ASIL Annual Meeting 103 (2009): 379–82. http://dx.doi.org/10.1017/s0272503700034601.

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Scott, Shirley V. "The Decline of International Law as a Normative Ideal." Victoria University of Wellington Law Review 49, no. 4 (November 15, 2018): 627. http://dx.doi.org/10.26686/vuwlr.v49i4.5344.

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International law was integral to the rise in power of the United States and has been central to the operation of world politics during the period in which the United States has been the dominant state. This article draws on the theory of International Law as Ideology to explain the manner in which the ideal of international law as politically neutral has served as a rhetorical fulcrum. The theory also offers a framework within which to perceive and assess the significance of an apparent sidelining of the ideal in global politics, including, notably, by the United States. While reduced use of the ideology of international law and introduction of the term "rules-based international order" or "rules-based order" might be the best strategic option at a time of declining power, the theory of International Law as Ideology illuminates the manner in which these developments may at the same time be unwittingly contributing to that decline.

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Choat, Simon. "For Foucault: Against normative political theory." Contemporary Political Theory 19, S1 (September 19, 2018): 44–47. http://dx.doi.org/10.1057/s41296-018-0266-8.

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Mansbridge, Jane. "Normative Theory and Voice and Equality." American Political Science Review 91, no. 2 (June 1997): 423–25. http://dx.doi.org/10.2307/2952367.

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Kuhli, Milan, and Klaus Günther. "Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals." German Law Journal 12, no. 5 (May 1, 2011): 1261–78. http://dx.doi.org/10.1017/s2071832200017296.

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Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts' normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations.

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Straumann, Benjamin. "The Rule of Law: Sociology or Normative Theory? An Afterword to Martti Koskenniemi’s Foreword." European Journal of International Law 30, no. 4 (November 2019): 1121–27. http://dx.doi.org/10.1093/ejil/chz069.

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Abstract Martti Koskenniemi is correct to view Hugo Grotius as a thinker committed to the rule of law. But there is a crucial difference between Grotius’ and Koskenniemi’s respective concepts of the rule of law. Grotius’ concept of the rule of law is normative and requires a moral cognitivist outlook. Koskenniemi, on the other hand, holds a sociological concept of the rule of law. Koskenniemi is correct that, for the rule of law to find its ‘normative voice’, Grotius may well be of help. For this normative voice to make itself heard, however, it will have to rise above the sceptical reduction of the rule of law to normatively inert sociological facts.

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Jackson, Robert H. "Pluralism in international political theory." Review of International Studies 18, no. 3 (July 1992): 271–81. http://dx.doi.org/10.1017/s0260210500117279.

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Martin Wight once claimed there was no international political theory worthy of the name. In this I believe he was mistaken. But he also maintained, as Benedict Kingsbury and Adam Roberts put it, that ‘the most fundamental question you can ask in international theory is, What is international society? Hedley Bull likewise drew a basic distinction, as several contributors to the volume edited by J. D. B. Miller and the late R. J. Vincent remind us, between the system of states and the society of states. Each of these volumes takes up Wight's question and explores Bull's distinction in various ways, most of them engaging and enlightening. For an overview of the main approaches and controversies in the study of normative international relations today one could scarcely do better than consult them.

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Savage, Deborah, and Albert Weale. "Political representation and the normative logic of two-level games." European Political Science Review 1, no. 1 (March 2009): 63–81. http://dx.doi.org/10.1017/s1755773909000046.

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This paper develops the normative logic of two-level games linking international negotiation and domestic acceptability. The kernel of the logic is to be found in the claim that normatively governed relations involve agents simultaneously asking whether the expectations that they have under an agreement are reasonable given the expectations of others under that agreement. This normative logic mirrors the empirical logic that Putnam (1988) identified in his seminal account.The normative logic is derived from a consideration of relevant concepts of representation, and in particular the concepts of authorization in international negotiation and accountability in domestic ratification. Rawls’ (1996) distinction between the reasonable and the rational is then deployed to state normative conditions of domestic acceptability as well as the obligations of fairness that states owe to one another. Two implications for democratic theory are drawn.

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Vilaça, Guilherme Vasconcelos. "Why a Theory of International Arbitration and Transnational Legality?" Canadian Journal of Law & Jurisprudence 29, no. 2 (July 26, 2016): 495–520. http://dx.doi.org/10.1017/cjlj.2016.21.

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Is it feasible and useful to articulate a general theory of transnational legality? In the bookTransnational Legality: Stateless Law and International Arbitration, Thomas Schultz replies yes and argues, furthermore, that we need such a theory. In this Critical Notice I suggest otherwise. The overarching theme of my critique is a plea for thinking seriously on why we still insist on building general theories of legality. As I try to show, by engagement with Schultz’s main claims, those general theories face unsurmountable conceptual and normative problems. Here are some questions. Which theory of society do we endorse? Are transnational society and law different in nature from their domestic and regional counterparts? Why should we adopt a concept of complex legal system rather than focusing on the looser “community”? Should a concept of transnational legality be as inclusive as possible or narrowly-tailored? In virtue of which normative principles are we to make such a decision? How can we decide which elements from our state tradition are we to preserve and which ones are we to let go? Why devising a concept of legal system that does not see the connections to other legal and normative orders? How do Fuller’s legality criteria meet the expectations we attach to law? And whose expectations are we speaking of? Why undergoing all these headaches to conclude that after all legality is a matter of clarity and we are not provided any tools on how to proceed empirically? All things considered why is this sort of enterprise worth it?

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ZACHER, MARK W., and BRENT A. SUTTON. "Mutual Interests, Normative Continuities, and Regime Theory:." European Journal of International Relations 2, no. 1 (March 1996): 5–46. http://dx.doi.org/10.1177/1354066196002001001.

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19

Frost, Mervyn. "The Role of Normative Theory in IR." Millennium: Journal of International Studies 23, no. 1 (March 1994): 109–18. http://dx.doi.org/10.1177/03058298940230010701.

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BAIN, WILLIAM. "One order, two laws: recovering the ‘normative’ in English School theory." Review of International Studies 33, no. 4 (October 2007): 557–75. http://dx.doi.org/10.1017/s0260210507007668.

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AbstractThis article takes as its starting point the failure of the so-called normative wing of the English School to theorise the foundational determinants of value from which international society derives its normative character. In other words, they have not adequately thought through ‘the law behind the law’; that is, the underlying basis of obligation in international life. Thus, English School theorists are able to describe and to explain various norms but they cannot make sense of the reasons why any of these norms should be regarded as obligatory. Failure in this regard is attributable in large part to the way in which pluralist and solidarist conceptions of international life are typically understood as representing conflicting moral claims. This article seeks to move beyond these seemingly incommensurable claims, and the debate to which they give their names, by putting forward an account of obligation that reconciles the unity of human community and the freedom of international society in a single, intellectually coherent argument. The article concludes by arguing that a normative version of English School theory formulated in this way opens space for thinking through much of what still confounds the English School, including the normative character of political economy, the existence of a rational order of values, and the ever elusive meaning of world society.

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Chambers, Simone. "Measuring Publicity's Effect: Reconciling Empirical Research and Normative Theory." Acta Politica 40, no. 2 (June 20, 2005): 255–66. http://dx.doi.org/10.1057/palgrave.ap.5500104.

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Dacey, Raymond, and Lisa J. Carlson. "The Normative, Behavioral, and Prescriptive Problems of Game Theory in International Relations." Mershon International Studies Review 40, no. 1 (April 1996): 161. http://dx.doi.org/10.2307/222661.

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23

Smith, Steve. "The Forty Years' Detour: The Resurgence of Normative Theory in International Relations." Millennium: Journal of International Studies 21, no. 3 (December 1992): 489–506. http://dx.doi.org/10.1177/03058298920210030301.

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Hutchings, Kimberly. "The question of self‐determination and its implications for normative international theory." Critical Review of International Social and Political Philosophy 3, no. 1 (March 2000): 91–120. http://dx.doi.org/10.1080/13698230008403304.

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Dasandi, Niheer, and Lior Erez. "The Donor’s Dilemma: International Aid and Human Rights Violations." British Journal of Political Science 49, no. 4 (September 29, 2017): 1431–52. http://dx.doi.org/10.1017/s0007123417000229.

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Donor governments face a dilemma when providing development aid to states that violate human rights. While aid may contribute to positive development outcomes, it may also contribute to rights violations committed by these regimes. This article provides a conceptual framework for donors to address this dilemma in a normatively justified way. Drawing on recent methodological advancements in normative political theory, it develops a distinctively political framework of dilemmas, suggesting three models: complicity, double effect and dirty hands. It considers this framework in the context of development aid, discussing the relevant considerations for donors in different cases. The article demonstrates that an approach to development assistance that acknowledges political realities does not have to be normatively silent.

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Kincaid, John. "Federalism: A Normative Theory and its Practical Relevance." Regional & Federal Studies 23, no. 4 (December 2013): 520–22. http://dx.doi.org/10.1080/13597566.2013.818540.

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Rovie, Eric M. "Book Review: Political Theory: Shaping the Normative Landscape." Political Studies Review 12, no. 2 (April 7, 2014): 261–62. http://dx.doi.org/10.1111/1478-9302.12053_22.

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Brett, E. A. "The normative and scientific justifications for development theory." Politikon 33, no. 2 (August 2006): 197–219. http://dx.doi.org/10.1080/02589340600884691.

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Church, Jeffrey. "Exemplary Lives and the Normative Theory of Culture." American Journal of Political Science 63, no. 2 (February 15, 2019): 439–51. http://dx.doi.org/10.1111/ajps.12418.

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Nardin, Terry. "International Relations Theory: New Normative Approaches.Chris BrownInside/Outside: International Relations as Political Theory.R. B. J. Walker." Journal of Politics 56, no. 2 (May 1994): 570–74. http://dx.doi.org/10.2307/2132177.

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Del Mar, Maks. "Metaphor in International Law: Language, Imagination and Normative Inquiry." Nordic Journal of International Law 86, no. 2 (June 19, 2017): 170–95. http://dx.doi.org/10.1163/15718107-08602002.

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This article investigates the role and value of metaphor in normative inquiry, offering both a general framework and applying it to the theory and practice of customary international law. Metaphor is defined as the practice of supposing relations between images from a perspective. The second part of the article unpacks each of these elements, i.e. supposition, relating, image-making and perspective-taking. It considers what role each of these elements plays in metaphorical cognition and why that role is valuable (epistemically and politically). The third part of the article turns to metaphors in customary international law, focusing on metaphors of the path, ripening and crystallisation. It is argued that the shift in metaphorical practice from that of the path to crystallisation is part of what both constitutes and enables a change from a state-practice heavy approach to an opinio-juris weighted one.

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Phillips, Anne. "Equality, Pluralism, Universality: Current Concerns in Normative Theory." British Journal of Politics and International Relations 2, no. 2 (June 2000): 237–55. http://dx.doi.org/10.1111/1467-856x.00035.

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This article reviews recent debates in normative theory. It argues that work on equality has bifurcated in a disturbing way, with much of the work on economic equality focusing on the principles that should regulate the distribution of goods between individuals, and much of the work on social equality dealing with patterns of oppression that affect the relationship between marginal and dominant groups. The first literature has been relatively indifferent to the group nature of contemporary inequality, while the second mirrors this failing by its lack of interest in the distribution of economic resources. The implications of cultural pluralism have also contributed to debates about the status of normative theory and the basis for making universal normative claims.

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Jonasson, Lise-Lotte, Per-Erik Liss, Björn Westerlind, and Carina Berterö. "Empirical and normative ethics." Nursing Ethics 18, no. 6 (July 6, 2011): 814–24. http://dx.doi.org/10.1177/0969733011405875.

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The aim of this study was to synthesize the concepts from empirical studies and analyze, compare and interrelate them with normative ethics. The International Council of Nurses (ICN) and the Health and Medical Service Act are normative ethics. Five concepts were used in the analysis; three from the grounded theory studies and two from the theoretical framework on normative ethics. A simultaneous concept analysis resulted in five outcomes: interconnectedness, interdependence, corroboratedness, completeness and good care are all related to the empirical perspective of the nurse’s interaction with the older patient, and the normative perspective, i.e. that found in ICN code and SFS law. Empirical ethics and normative ethics are intertwined according to the findings of this study. Normative ethics influence the nurse’s practical performance and could be supporting documents for nurses as professionals.

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Kelly, J. Patrick. "Revolution by Customary International Law?" AJIL Unbound 112 (2018): 297–302. http://dx.doi.org/10.1017/aju.2018.81.

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B.S. Chimni's Customary International Law: A Third World Perspective announces a provocative normative approach to customary international law (CIL) designed to develop progressive norms by deemphasizing state practice and promoting deliberative reasoning as the basis for opinio juris rather than the general acceptance of states. Many of his historical concerns are compelling: the unfairness and dubious validity of the persistent objector principle, the lack of access and attention to non-European state practice, and the questionable legitimacy of CIL norms developed without the participation of a majority of states or their consent. While Chimni makes a compelling case for the problematic origins of much of CIL, his approach to reform raises serious legitimacy and practical questions that undermine the viability of his proposed solution. Problems such as extreme poverty, environmental degradation, and nuclear weapons are best resolved through democratic political institutions rather than weak and undemocratic international tribunals. I will analyze Chimni's approach first as a theory of customary law and then as a theory of the role of international tribunals. Finally, I will raise concerns about his normative goals.

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Oliveira, Gilberto Carvalho. "Reconstructive Methodology and Critical International Relations Theory." Contexto Internacional 40, no. 1 (April 2018): 9–32. http://dx.doi.org/10.1590/s0102-8529.2017400100001.

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Abstract Drawing on the work of the latest generation of social philosophers institutionally or intellectually linked to the Frankfurt School, this article examines the critical-reconstructive-explanatory methodology that became a distinguishing feature of contemporary critical theory after its ‘reconstructive turn’. The article aims to show how these recent developments can contribute to overcoming the various criticisms that continue to challenge Critical International Relations Theory (CIRT) from a methodological viewpoint, such as its normative and interpretative emphasis at the expense of the empirical dimension of analysis, its inability to provide a substantive explanation of the social pathologies and mechanisms of domination it criticises, its insulation from issues of pluralism and multiculturalism, the absence of debate with outside approaches, and the lack of clarity on how theory connects to practice. After discussing the main aspects of the contemporary critical theory methodology, the article ends with a brief illustration of this methodology using as a basis the critique of the liberal peacebuilding.

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Haubrich, Dirk. "Normative Concepts of Global Distributive Justice and the State of International Relations Theory." Cambridge Review of International Affairs 15, no. 2 (July 2002): 183–201. http://dx.doi.org/10.1080/09557570220151254a.

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Brown, Chris. "The Modern Requirement? Reflections on Normative International Theory in a Post-Western World." Millennium: Journal of International Studies 17, no. 2 (June 1988): 339–48. http://dx.doi.org/10.1177/03058298880170020301.

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Kiseleva, Olga. "THE STATUS OF INTERNATIONAL TREATIES IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION: FROM THEORY TO PRACTICE." Law Enforcement Review 1, no. 4 (January 10, 2018): 28–37. http://dx.doi.org/10.24147/2542-1514.2017.1(4).28-37.

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The subject. The article is devoted to research the legal nature of international treaties.The purpose of the article is to formulate the feasibility of determining the legal status of international treaties in the composition of the sources of law in terms of its unity.The methodology. The author uses the systematic approach to research, methods of anal-ysis and synthesis, including formal legal analysis of international treaties, Russian legislation and courts’ decisions.The main results and scope of their application. The analysis of the categories of legal act, the regulatory agreement, the international treaty, describing its characteristics, legal characteristics is performed. On the basis of the main legal characteristics of the category of normative legal acts, the expediency of inclusion of an international treaty to this category is proven. It is groundless to detach international treaties on normative legal acts, thereby reducing the extent of the need for their application. This, however, does not change the fact that the source of law in each legal system may have special characteristics depending on such system and complementing the basic characteristics. The international treaty is a legal act of international law. Such a conceptual approach to this issue allows making further conclusions.Conclusions. The author highlights the circumstances of the need for reasonable use of international treaties to resolve disputes, that are significant for the process of enforcement. This position is based on the proposed definition of an international treaty including it to the normative legal acts.

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Rapkin, David P., Jonathan R. Strand, and Michael W. Trevathan. "Representation and Governance in International Organizations." Politics and Governance 4, no. 3 (August 11, 2016): 77–89. http://dx.doi.org/10.17645/pag.v4i3.544.

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What does representation mean when applied to international organizations? While many scholars working on normative questions related to global governance often make use of the concept of representation, few have addressed specifics of applying the concept to the rules and practices by which IOs operate. This article examines representation as a fundamental, albeit often neglected, norm of governance which, if perceived to be deficient or unfair, can interfere with other components of governance, as well as with performance of an organization’s core tasks by undermining legitimacy. We argue that the concept of representation has been neglected in the ongoing debates about good governance and democratic deficits within IOs. We aim to correct this by drawing on insights from normative political theory considerations of representation. The article then applies theoretical aspects of representation to the governance of the International Monetary Fund. We determine that subjecting IOs to this kind of conceptual scrutiny highlights important deficiencies in representational practices in global politics. Finally, our conclusion argues scholars of global governance need to address the normative and empirical implications of conceptualizing representation at the supranational level.

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PUNZHIN, SERGEY M. "Procedural Normative System of the International Court of Justice." Leiden Journal of International Law 30, no. 3 (May 29, 2017): 661–83. http://dx.doi.org/10.1017/s0922156517000280.

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AbstractOn the basis of a thorough empirical analysis, the article comes to a number of theoretical conclusions which have never previously been discussed in the literature. In particular, it demonstrates that the Court's procedure is governed not only by ‘procedural law’ but also by norms which are non-legal. Moreover, it clearly circumscribes which norms in the documents relating to the functioning of the Court are procedural and which lack this character. In their entirety, provisions governing the Court's procedure form a ‘normative system’, with the law being only one of its elements. The Court's procedural norms originate both from the traditional sources of international law as well as from sources which, according to the usual classification, do not necessarily belong to that category. The procedural norms that are derived from all of these sources, while not tending towards uniformity in terms of their characteristics and effect, nevertheless form a system which operates as a whole. The procedure of the International Court of Justice does not fit neatly within the general scheme of ‘legal versus non-legal norms’; neither can one readily apply the theory of traditional sources of international law to a procedural system which brings together heterogeneous elements and must therefore be explained keeping in mind its own logic and nature.

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Kang-Riou, Nicolas, and David Rossati. "The Effects of Juridification on States Exiting International Institutions." International Organizations Law Review 15, no. 2 (December 11, 2018): 265–94. http://dx.doi.org/10.1163/15723747-01502002.

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This article complements the doctrine of termination of membership by arguing that at times international organizations (‘ios’) can still exert considerable normative effects on states that withdraw or express the intent to withdraw from them. We capture this continuing influence, which can collide with the exiting state’s intended goal of regaining control over specific issues, with a theoretical framework based on juridification as a socio-legal concept of systems theory in the international legal context. The aim is to explain the endogenous process of legal growth within the io via bureaucratisation and expert rule, which eventually affects the norms of the wider legal regime where the io operates. With three case studies of io exits, we illustrate the continuation of normative structures promoted directly or indirectly by the io, according to two legal techniques of juridification: third-party interpretation on the one hand, and the extended reach of norms and processes through the work of non-state actors on the other. Overall, widening the theoretical perspective on state exits under systems theory can lead to more complete judgements on the tensions between domestic and supranational systems in the expansion of global normative regimes.

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Deveaux, Monique. "Normative liberal theory and the bifurcation of human rights." Ethics & Global Politics 2, no. 3 (January 2009): 171–91. http://dx.doi.org/10.3402/egp.v2i3.2055.

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Coakley, Mathew, and Pietro Maffettone. "Classifying states: instrumental rhetoric or a compelling normative theory?" Ethics & Global Politics 10, no. 1 (January 2017): 58–76. http://dx.doi.org/10.1080/16544951.2017.1341793.

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Lechner, Silviya. "Why anarchy still matters for International Relations: On theories and things." Journal of International Political Theory 13, no. 3 (June 14, 2017): 341–59. http://dx.doi.org/10.1177/1755088217713764.

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The category of anarchy is conventionally associated with the emergence of an autonomous discipline of International Relations (IR). Recently, Donnelly has argued that anarchy has never been central to IR (hierarchy is more weighty). His criticism targets not just concepts of anarchy but theories of anarchy and thereby expresses an anti-theory ethos tacitly accepted in the discipline. As a form of conceptual atomism, this ethos is hostile to structuralist and normative theories. This article aims to reinstate theoretical holism against conceptual atomism and to defend the enduring relevance of theories of international anarchy for IR. This is done by revisiting two classic, structuralist accounts of international anarchy articulated in Kenneth Waltz’s Theory of International Politics (scientific structuralism) and Hedley Bull’s Anarchical Society (normative structuralism). It will be shown that both represent coherent theoretical ‘wholes’ which reveal a more complex relationship between anarchy and hierarchy than supposed by critics and which recognise the important connection between the structure of international anarchy (whose key players are states) and the value of freedom. The conclusion examines the prospects of normative theories of international anarchy and ‘anarchical’ freedom in a globalising world where state agency is being challenged.

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Weber, Heloise, and Martin Weber. "Colonialism, genocide and International Relations: the Namibian–German case and struggles for restorative relations." European Journal of International Relations 26, no. 1_suppl (September 2020): 91–115. http://dx.doi.org/10.1177/1354066120938833.

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The case of the first genocide of the 20th century, committed by German colonial troops against Ovaherero and Nama peoples in what is today Namibia, poses a significant ethical and political challenge not only in practice but also for International Relations theory and theorising. We develop our critical analysis by building on postcolonial critiques of eurocentrism in IR and world politics, and on critical historiographies of the discipline. In particular, we show how the bedrock of dominant international institutional arrangements in the early 20th century rests on a normative inversion, which can be explicated clearly in the context of the Ovaherero and Nama experiences. The normative inversion is manifested in the claims to supreme moral authority for continued European colonial rule in the aftermath of genocidal violence. While the League of Nations (LoN), and the legacies of imperialism have increasingly been addressed in historiographies of IR, neither this normative inversion, nor its political implications have been explicated in the way we pursue this here. Through the lens of our case, we argue that how IR and IR theory conventionally conceive of the international political order is not plausible or justifiable in light of the normative inversion. The struggles for justice and restorative relations by Ovaherero and Nama peoples draw attention to necessary shifts in political practices. The case signals the need for a more fundamental rethinking of premises in international political theory, and of global public political history. This can be meaningfully addressed by acknowledging and explicitly processing the implications of the normative inversion, its antecedent conditions, and its continuing presence in world ordering.

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Smith, Hazel. "The silence of the academics: international social theory, historical materialism and political values." Review of International Studies 22, no. 2 (April 1996): 191–212. http://dx.doi.org/10.1017/s0260210500118376.

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This essay notes that the relationship of political values to social theory is an important but unresolved question for all social theory, but notes that in the discipline of International Relations the discussion is particularly undeveloped. Contemporary trends in IR theorizing are evaluated in order to contexualize the increasingly assertive forms of historical materialist thinking, derived from Marxian social theory, which are being given serious attention in the discipline. I argue that Marxian theory is at one and the same time empirical, normative and emancipatory, and conclude that while much of the new historical materialist thinking in IR advances our understanding of international relations empirically and theoretically, and offers a significantly ‘better’ explanation of the ‘international’ than Realism or other theories can, it is deficient because of its inattention to the centrality of normative and emancipatory questions at the heart of Marxian historical materialism. I further argue that because historical materialism necessitates, within the logic of its own theoretical construction, specific political values, a revisionist historical materialism that ignores these values, calls into question the theoretical integrity of the latter approach.

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Del Mar, Maksymilian, and Oche Onazi. "The moral quality of work in international economic institutions: resisting complacency." International Journal of Law in Context 4, no. 4 (December 2008): 337–72. http://dx.doi.org/10.1017/s1744552309004030.

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This paper offers a theory through which, we argue, we can more appropriately evaluate and potentially improve the moral quality of work. There are three components to such a theory. The first two components, which we argue need to be integrated, are normative resources that appeal to two different behavioural capacities: first, the articulation of rules, appealing to the capacity of agents to deliberate about what they ought to do; second, the introduction of forms of institutional design, appealing to the capacity of agents to acquire habits and dispositions in certain social environments. The third and most important component is that of the infinity of suffering and vulnerability. This component has both a negative and a positive aspect. On the negative side, the component is designed to assist us in recognising the inevitable limitations of either normative resource or indeed any one integrated totality of normative resources (i.e., both rules and forms of institutional design). Those limitations consist in the narrowing of the domain of objects of value towards which workers are guided or oriented by either or both normative resources. On the positive side, the component encourages us to construct alternative normative resources on the basis of alternative forms of representation of suffering and vulnerability. In that respect, the specific policy proposal of this paper is that of the establishment of Community Forums, which are designed to offer a framework thanks to which some of the particularities of suffering and vulnerability within a specific community can be recognised and communicated in a multiplicity of ways, thereafter forming a resource for the development of policy with respect to the challenges facing that specific community. The second part of the paper applies this theory to consider the value and limitations of second-generation reforms in international economic institutions. The third part of the paper further considers the values and limitations of reforms for access to public goods and services in Nigeria.

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Baker, Gideon. "Civil Society and Democracy: The Gap between Theory and Possibility." Politics 18, no. 2 (May 1998): 81–87. http://dx.doi.org/10.1111/1467-9256.00064.

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In this essay, I first provide reasons for the reemergence of the idea of civil society and for its subsequent importance in contemporary democratic theory, particularly on the left. I then show how this new approach to civil society is premised upon the separation of spheres between state and society. Thus the place of civil society in such accounts of democracy and democratisation, although normative and therefore putatively universal, is actually based on western liberalism. This feature of civil society theory obscures democratisation as a contextualised process and therefore distorts descriptions of a normative core to democracy that it truly universal in scope.

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Chouliaras, Athanasios. "Bridging the Gap between Criminological Theory and Penal Theory within the International Criminal Justice System." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 3 (July 2, 2014): 249–79. http://dx.doi.org/10.1163/15718174-22032049.

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The main objective of this article is to put forward a critical analysis of the emergent international criminal justice system, epitomized by the creation of the permanent International Criminal Court (icc). Such an endeavour is warranted on the assertion that international criminal justice scholarship has entered into a ‘reflective’ phase, the hallmark of which lies in the re-evaluation of the institutions of international criminal law in the light of the distinctive traits of international criminality derived from the combination of the criminological theory of state crime and the rising theory of international crime in the domain of international criminal law. In this context, the article summarizes the basic points and the epistemological premises of the criminological theory of state crime, while seeks to delimit the subject matter by alluding to the concept of core international crimes arising from the normative system of the icc. The core aim of such a combined approach is not to downplay the existing differences between the criminological concept of state crime and the penal concept of core international crimes, but to highlight common points in order to draw tentative conclusions and make some preliminary suggestions from a criminal policy perspective.

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Oklopcic, Zoran. "The Idea of Early-Conflict Constitution-Making: The Conflict in Ukraine Beyond Territorial Rights and Constitutional Paradoxes." German Law Journal 16, no. 3 (July 2015): 658–90. http://dx.doi.org/10.1017/s2071832200021015.

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AbstractUsing the crisis in Ukraine and the annexation of Crimea as a foil, the aim of this article is three-fold. First, it offers an internal critique of the influential answers that normative theory and international jurisprudence provide to the paradox of constitutionalism. Second, building on critical engagement with these approaches, this article mobilizes constitutional theory to find a constructive response to the crisis in Ukraine that goes beyond the prescriptions offered either by normative theory or international jurisprudence. In doing so, it seeks to sketch a broad constitutional framework not forpostbut rather forearly-conflict constitution-making. The final aim of this article is to contribute to a richer self-understanding of constitutional theory vis-à-vis its disciplinary neighbors.

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Journal articles on the topic 'International normative theory'

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