Amenities and Pitfalls of a Reputational Theory of Compliance with International Law

2007 ◽  
Vol 76 (1) ◽  
pp. 39-71 ◽  
Author(s):  
Markus Burgstaller
Keyword(s):  
International Relations ◽  
International Law ◽  
International System ◽  
Competitive Market ◽  
Coercive Power ◽  
Market Forces ◽  
The Core ◽  
Norm Compliance ◽  
Long Time ◽  
Research Agendas

AbstractSince there is no coercive power in the international system comparable to that which enforces the laws of a state, the question what motivates states to comply with international law remains among the most perplexing ones in international relations. For a long time, however, scholars have generally avoided the causal question 'why states obey international law'. Nevertheless, recent research agendas in international law and international relations have converged around the issues of norm creation and norm compliance. One influential strand of the compliance scholarship–commonly labelled reputational theory – is at the core of this article. Starting with some general characteristics of compliance with norms, mainly two contemporary theories of compliance with international law are dealt with. First, a variant of rationalist theory, Jack Goldsmith's and Eric Posner's monograph The Limits of International Law, is discussed. It shows that although these two authors seem to have some sympathy for a reputational theory of compliance with international law, they tend to stress the shortcomings of such an approach. To the contrary, Andrew Guzman's work, as exemplified in his article A Compliance-Based Theory of International Law, more readily embraces reputational concerns. It turns out that the essential thesis of a reputational theory is that reputation can alter the equilibrium: it causes future relationships to be affected by today's actions. Accounting for reputational effects, a decision to violate international law will increase today's payoff but reduce tomorrow's. International law succeeds when it alters a state's payoffs in such a way as to achieve compliance with an agreement when, in the absence of such law, states would behave differently. A reputational theory of compliance with international law is particularly well suited for areas such as international financial and economic law, i.e.for situations in which competitive market forces induce compliance with international law mainly because enforcement and monitoring are strong. Reputational incentives, like all incentives, act at the margin.

Tracing the Legal Boundary between Empire and Multitude: Wavering with Hardt and Negri (2000–2005)

2005 ◽  
Vol 18 (3) ◽  
pp. 389-402 ◽  
Author(s):  
RONNIE LIPPENS
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Scholarship ◽  
The Core ◽  
Hardt And Negri ◽  
Core Issues

Since its publication in 2000, Hardt and Negri's book Empire has been at the centre of significant debates within international relations (IR) and international law (IL) communities, both academic and other. Hardt and Negri's recently published Multitude (2004) is likely to add momentum to these debates. Outlining the importance of both Multitude and Empire for legal scholarship and practice, this contribution sets out to give a brief overview of the core issues that are to be distinguished in the debates amongst IR and IL academics, and includes a number of criticisms that could be levelled at Hardt and Negri's work. The focus of the paper, however, is on the ambiguities that mark Hardt and Negri's flawed attempt to deal with the issue of the boundary of Empire and the liminality of (the) multitude. Indeed, this contribution maintains that precisely this rather fundamental flaw in Hardt and Negri's work is why their intellectual ‘tour de force’ is ultimately unconvincing.

International Relations as a Prismatic System

1961 ◽  
Vol 14 (1) ◽  
pp. 144-181 ◽  
Author(s):  
Fred W. Riggs
Keyword(s):  
International Relations ◽  
International Law ◽  
International System ◽  
Well Being ◽  
League Of Nations ◽  
State System ◽  
American Society ◽  
State 1 ◽  
Executive Body ◽  
Inter State

Conventional theories of international relations assume, implicitly, the model of an “inter-state system.” According to this model, individually states possess a set of characteristics which differ fundamentally from the characteristics of a system of those states interacting with each other. On this basis we can construct theories about the behavior of component states in the system, and more general propositions about the nature of the inter-state system viewed as a whole. Some of the difficulties of this model will be noted here, and an alternative model proposed.Before pointing to these difficulties, however, we need a clear image of the inter-state model. A classic formulation is contained in a speech given by former Secretary of State John Foster Dulles at a meeting of the American Society for International Law. In it Mr. Dulles identified six characteristics of the nation-state: (1) laws which “reflect the moral judgment of the community”; (2) political machinery to revise these laws as needed; (3) an executive body able to administer the laws; (4) judicial machinery to settle disputes in accord with the laws; (5) superior force to deter violence by enforcing the law upon those who defy it; and (6) sufficient well-being so that people are not driven by desperation to ways of violence. The international system, Mr. Dulles pointed out, in large part lacks these characteristics. He went on to assess the limited success of attempts, ranging from the League of Nations and Kellogg-Briand Pact through the United Nations, to create such a “state system” or “order” at the international level. Mr. Dulles sadly reported that, despite notable progress in the development of international law and judicial machinery, the desired international order does not, as yet, exist.

The Palestine Liberation Organization in the United Nations: Implications for International Law and Relations

1977 ◽  
Vol 12 (3) ◽  
pp. 365-392 ◽  
Author(s):  
Sanford R. Silverburg
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
International System ◽  
World Order ◽  
Palestine Liberation Organization ◽  
New Era ◽  
Political Actors ◽  
The United Nations ◽  
Political Units

The end of the Second World War seemed to signal to many observers the onset of a new era of international relations and international law. The appearance of former colonial entities as independent and sovereign political units led both diplomats and academicians to divine a new world order for international relations. At the same time the consequent significant increase in the number of political actors in the international system changed not only its complexion but also its manner of interaction. It appears that there are still further developments in the offing whose full significance cannot as yet be fully documented. One aspect, however, which we can examine is the increasing importance of the transnational actor in international forums. Our intention in this paper is to examine several features of this development in international relations, law and organization as evidenced by the continually increasing participation of the Palestine Liberation Organization (PLO) in the chambers of the United Nations.

scholarly journals Introducing ‘Realizm’

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Zia Ul Haque Shamsi
Keyword(s):  
International Relations ◽  
Political Theory ◽  
Common Good ◽  
Qualitative Data ◽  
International System ◽  
Inductive Reasoning ◽  
Developing Nations ◽  
The People ◽  
Long Time ◽  
Global Peace

According to realist paradigm, the present international system is anarchic and selfish, and therefore needs to be reset, because the gap between the developed and developing nations has reached dangerous levels. The wars between Unequal Military Powers (UMPs), have ruined several states, particularly in the Middle East. While the causes of such wars would be debated for a long time, the outcome is extremely dreadful for the people of Iraq, Syria, Libya, Afghanistan, Palestine, Kashmir, and Yemen, to name the few. Therefore, there is a need to do away with old schools of realism, liberalism, or the constructivism, which have failed to maintain peace, stability, and security of the people particularly in developing world. Adopting an inductive reasoning approach, the aim of the study is to present a revised international relations’ theory to reset the flawed international system, supported with the qualitative data. The rephrased political theory of realizm focuses on self-realization, mutual assistance and common good, for regional development; with a view that global peace is possible through cooperation with prudence for safety, security, and stability of the international system

scholarly journals The Foreign Affairs of a State is Based on Its Strength in the International System

2017 ◽  
Vol 10 (2) ◽  
pp. 322
Author(s):  
Burim Mexhuani
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Relations ◽  
International System ◽  
Foreign Affairs ◽  
World War ◽  
World Government ◽  
Theory Versus ◽  
Long Time ◽  
Legal Policies

Neorealists say that a country's Foreign Affairs is based on its power or position as the power that has a state in the international system. Field of International Relations based on international legal policies and norms; It can be defined by different political perspectives and phenomena, depending on certain theories. Theories are the best determinant of defining policies in the International System. For a long time, in the international system have dominated realistic, liberal and radical theories; After the Second World War for the purposes of explaining or defining international policies, other theories, including neo-realism, were listed. As a structured theory versus reality that defined the theory of alignment for defining political theories in the international system. In International Relations there is no central authority or world government, the state and the international environment is in a state of anarchy, which pushes the states to create the conditions to create an environment where they can survive. Special studies of International Relations theory were spurred especially after World War I and World War II. The neorealistic theory itself contains some elements that differ from other theories and that as its base takes the strength or position of power of states in the international system. Responses to the framework of action, the theories are directed as perimeters to solve the problems of the international system. The international relations system may be positioned in other circumstances when a power is not balanced, depending on the different circumstances of politics and politicians

Nonrealist Variables: Identity and Norms in the Study of International Relations

2010 ◽  
Author(s):  
Andrew J. Enterline
Keyword(s):  
Social Interaction ◽  
International Relations ◽  
Security Policy ◽  
International System ◽  
National Level ◽  
System Level ◽  
Interstate Relations ◽  
Research Agendas ◽  
Military Cultures ◽  
The Impact

Nonrealist variables (NRV) in the study of International Relations (IR) encompass the nonmaterial causal and consequential phenomena linked to interstate relations, central to which are studies of identity and norms. The two primary dimensions of the research agenda on identity are social interaction and culture. The study of social interaction considers the origins and dynamism of agency, the interests that flow from identity, and the manner in which identity influences issues such as security, allegiance, and empathy. On the other hand, research examining identity through the lens of culture reflects two distinct subinquiries: civilizational conflict, which is concerned with the impact of national culture on interstate conflict; and strategic culture, which studies how domestic and military cultures influence security policy. Meanwhile, the role of norms as they pertain to the study of IR is subdivided into two general research agendas associated with two levels of analysis in the IR subfield: the international system level and the national level norms. The analysis of norms in the scientific study of international processes (SSIP) is stronger than identity. This is due to the long-term presence of norms in the study of IR in research agendas examining alliances, reciprocity, arms races, and deterrence. Ultimately, the agent-based modeling approach may provide a methodology for scholars in SSIP through which to study the emergence and impact of identity and norms on systems and subsystems in IR.

Sovereignty, survival and the Westphalian blind alley in International Relations

1999 ◽  
Vol 25 (2) ◽  
pp. 217-231 ◽  
Author(s):  
DAREL PAUL
Keyword(s):  
International Relations ◽  
International System ◽  
The State ◽  
Ontological Status ◽  
Blind Alley ◽  
Life And Death ◽  
The Core ◽  
Dead End ◽  
State Survival

That states are sovereign units interacting under conditions of anarchy has long been the core assumption of the discipline of International Relations. Operating largely with an anthropomorphic conceptualization of the state, 'statists' create a stunted ontology of the international system dominated by the concepts of state survival and an assumed state survival interest. By constituting sharp lines of demarcation between being and non-being, between 'life' and 'death', statists ignore a host of more subtle changes in the ontological status of states which are ill-treated by reference to 'survival'. This Westphalian ontology leads ultimately to a dead end, for such a definition rejects from the outset an ontology of overlapping political authorities in a single territory but at distinct scales which is characteristic not only of the present international system but of the so-called Westphalian era as well.

scholarly journals Border-Crossing: Immigration Law, Racism and Justified Resistance

2021 ◽  
pp. 003232172110301
Author(s):  
Guy Aitchison
Keyword(s):  
International Law ◽  
Civil Disobedience ◽  
Prima Facie ◽  
Border Crossing ◽  
Immigration Law ◽  
Coercive Power ◽  
The Core ◽  
The Law ◽  
Prima Facie Duty ◽  
Political Character

Aside from the case of refugees under international law, are non-citizen outsiders morally justified in unlawfully entering another state? Recent answers to this question, based on a purported right of necessity or civil disobedience, exclude many cases of justified border-crossing and fail to account for its distinctive political character. I argue that in certain non-humanitarian cases, unlawful border-crossing involves the exercise of a remedial moral right to resist the illegitimate exercise of coercive power. The case accepts, for the sake of argument, two conventional assumptions among defenders of immigration restrictions: that states have a ‘right to exclude’ and that migrants have a prima facie duty to respect borders. Nonetheless, where immigration law is racist or otherwise discriminatory, it violates the egalitarian standards at the core of any authority it can plausibly claim over outsiders. In such cases, it may be resisted even where the law is facially non-discriminatory.

scholarly journals Vinte anos de Organização do Tratado de Cooperação Amazônica: uma análise da conjuntura atual

2020 ◽  
Vol 9 (1) ◽  
pp. 170-201
Author(s):  
Eunice Rafaele da Silva Machado
Keyword(s):  
Sustainable Development ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International System ◽  
Regional Organization ◽  
Financial Autonomy ◽  
Complex Interdependence ◽  
Interdependence Theory ◽  
Data Survey

 O presente estudo tem como objetivo analisar a estrutura e o funcionamento da Organização do Tratado de Cooperação Amazônica a partir dos fundamentos instituídos no Direito Internacional que estabelecem as definições e classificações das Organizações Internacionais e, no âmbito das Relações Internacionais, explanar sobre a configuração do sistema internacional contemporâneo com base na Teoria da Interdependência Complexa, que identifica e permite a atuação destes atores delineando os contornos de sua influência e autonomia nesta estrutura. A pesquisa é de caráter dedutivo e natureza bibliográfica, partindo do geral para o específico, expondo aspectos descritivos, comparativos e qualitativos advindos do levantamento documental e de dados que fundamentam teoricamente as informações aqui presentes. A síntese da análise dos resultados indica que a nova conjuntura do sistema internacional tem firmado parte de seus alicerces na cooperação, diretamente ligada à interdependência cada vez mais profunda entre os Estados. No que tange à OTCA, fica elucidada como uma Organização Regional de finalidade específica que, embora com dificuldades para se estabelecer no cenário regional e mundial como referência nas questões amazônicas e de desenvolvimento sustentável, tem obtido sucesso no crescimento de sua autonomia financeira, nos resultados finais de seus projetos e atuando como um fórum mediador entre seus membros nas questões a que se debruça.     Abstract: The present study aims to analyze the Amazon Cooperation Treaty Organization’s structure and operation from the established basis in International Law that deal with the definitions and classifications of International Organizations. In the context of International Relations, it explains about the configuration of the contemporary international system based on the Complex Interdependence Theory that identifies and allows the performance of these actors, outlining the contours of their influence and autonomy in this structure. The research has a deductive character and bibliographic nature, starting from the general to the specific exposing descriptive, comparative and qualitative aspects arising from the documentary and data survey that theoretically based the information present here. The synthesis of the results’ analysis indicates that the new conjuncture of the international system has laid part of its foundations on cooperation, directly linked to the ever deeper interdependence between states. Regarding the ACTO, it is elucidated as a Regional Organization of specific purpose that, although facing difficulties to establish itself in the regional and global scenario as a reference in the Amazonian and sustainable development issues, has been successful by increasing its financial autonomy, by the final results achieved on its projects and acting as a mediating forum among its members on the issues it addresses. Keywords: International Organizations. Complex Interdependence. ACTO.       Recebido em: setembro/2019 Aprovado em: fevereiro/2020

scholarly journals The Struggle for Recognition or Enhancement of Satus: Conditions for the Stability and Development of Unrecognized States Using the Example of Eurasia

2021 ◽  
Vol 16 (3) ◽  
pp. 203-219
Author(s):  
Maxim Bratersky ◽  
◽  
Andrei Skriba ◽  
Arina Sapogova ◽  
◽  
...  
Keyword(s):  
Economic Development ◽  
International Relations ◽  
International Law ◽  
International System ◽  
Ir Theory ◽  
International Recognition ◽  
The Status ◽  
The Stability ◽  
Struggle For Recognition

In this article, the prospects or changing the status of unrecognized states in Greater Eurasia are analyzed. Status and recognition are close but distinct categories in international relations (IR) theory and international law. Status defines a state’s rank in the hierarchical international system. Recognition is a different category; legally, it defines whether other states recognize a particular state as fully established and sovereign. Sovereignty is a third category related to the issue of recognition but not equal to it since it includes internal and external (international) sovereignty. There are examples of sovereign states that effectively control their territories and collect taxes, but which are not recognized as sovereign by other states. The analysis in this article focuses on whether an unrecognized state can strengthen its status and improve its position in the international system. It is argued that this is possible, and that the absence of international recognition should not be regarded as an unsurpassable impediment to the economic development of the country.

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