scholarly journals The (in-) effectiveness of international law: A critical analysis of the rational choice theory in the light of the Ukrainian crisis 2014

2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister

<p>The aim of this research paper is to explore the role and content of the rational choice theory in international law and to critically analyse this theory in the light of the current Ukrainian crisis: Does the Ukrainian crisis 2014 prove rational choice theorists right? Can Russia’s military intervention in Crimea and the annexation of this region be seen as the failure of the UN Charter and therefore, as an evidence for the ineffectiveness of international law? Is international law effective at all? It will be argued that the rational choice theory cannot be seen as proven right in the light of the Ukrainian crisis 2014: Although, with regard to Russia’s unlawful military intervention in Crimea, the current crisis might at first glance be considered as validating the rational choice theory and the general ineffectiveness of international law, there is as well some evidence to be found in the actions and reactions of Russia and other nation-states and institutions from which one can deduce that international law does influence states’ behaviours, that states are not merely acting out of self-interest but also out of international legal obligations and that thus the current crisis may rather serve as an example of the (overall) effectiveness of international law.</p>

2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister

<p>The aim of this research paper is to explore the role and content of the rational choice theory in international law and to critically analyse this theory in the light of the current Ukrainian crisis: Does the Ukrainian crisis 2014 prove rational choice theorists right? Can Russia’s military intervention in Crimea and the annexation of this region be seen as the failure of the UN Charter and therefore, as an evidence for the ineffectiveness of international law? Is international law effective at all? It will be argued that the rational choice theory cannot be seen as proven right in the light of the Ukrainian crisis 2014: Although, with regard to Russia’s unlawful military intervention in Crimea, the current crisis might at first glance be considered as validating the rational choice theory and the general ineffectiveness of international law, there is as well some evidence to be found in the actions and reactions of Russia and other nation-states and institutions from which one can deduce that international law does influence states’ behaviours, that states are not merely acting out of self-interest but also out of international legal obligations and that thus the current crisis may rather serve as an example of the (overall) effectiveness of international law.</p>


2017 ◽  
Vol 1 (1) ◽  
pp. 113-117
Author(s):  
Mursal Maulana

Does international law affect state behavior?. Why would states pay any attention to international law in the absence of coercive enforcement mechanism?. What do we mean when we say international law is “binding”, given that states can almost always to violate it?. These intriguing and philosophical questions raised by the author to make sure that we had grasped at least one answer. If not, we were failed to understand the nature of international law. These question also remains us about traditional debate between proponent and opponent of international law such as Hobbes, Spinoza and Austin. But, in the 21st Century we are not debating or neglecting the existence of international law anymore.Written by Andrew T. Guzman who is recently serving as dean of The University of Southern California Gould School of Law (USC Gould), this book develops a persuasive explanation of why and when international law works by using rational choice perspective. Although previously there are some authors focusing their study on this topic such as Professor Abraham Chayes and Antonia Handler Chayes in their book “The New Sovereignty: Compliance with International Regulatory Agreement” which uses managerial approach in describing the compliance of international law and Professor Thomas Franck in his book “Fairness in International Law and Institution” which explains why states comply with international law by introducing fairness approach, this book offers better perspective in understanding international law in contemporary development by proposing “Rational Choice Theory”. The theory then is developed into “Three Rs of Compliance” (Reputation, Reciprocity and Retaliation). The book tries to explain how international law is able to affect state behavior despite a lack of coercive enforcement mechanism.


OUGHTOPIA ◽  
2020 ◽  
Vol 35 (2) ◽  
pp. 247-282
Author(s):  
In-Kyun Kim ◽  
Myeong-Geon Koh

Author(s):  
Kealeboga J Maphunye

This article examines South Africa's 20-year democracy by contextualising the roles of the 'small' political parties that contested South Africa's 2014 elections. Through the  prism  of South  Africa's  Constitution,  electoral legislation  and the African Charter on Democracy, Elections and Governance, it examines these parties' roles in South Africa's democratisation; their influence,  if any, in parliament, and whether they play any role in South Africa's continental or international engagements. Based on a review of the extant literature, official documents,  legislation, media, secondary research, reports and the results of South Africa's elections, the article relies on game theory, rational choice theory and theories of democracy and democratic consolidation to examine 'small' political parties' roles in the country's political and legal systems. It concludes that the roles of 'small' parties in governance and democracy deserve greater recognition than is currently the case, but acknowledges the extreme difficulty experienced by the 'small'  parties in playing a significant role in democratic consolidation, given their formidable opponent in a one-party dominant system.


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