Practice theory and international law

Author(s):  
Jeffrey L. Dunoff
Author(s):  
Jeffrey L Dunoff ◽  
Mark A Pollack

This chapter discusses the inner working of ICs, such as the drafting of judicial opinions; practices concerning separate opinions; the role of language and translation; and the roles of third parties. It also presents a preliminary effort to identify and examine the everyday practices of international judges. In undertaking this task, the authors draw selectively upon a large literature on ‘practice theory’ that has only rarely been applied to international law in general or to international courts in particular. A typology and synoptic overview of practices is presented.


Author(s):  
Ian Hurd

This chapter presents an account of the international rule of law that reflects the particular dynamics of international politics, drawing on legal realism and practice theory in international relations (IR). On this reading, the international rule of law is a social practice that states and others engage in when they provide legal reasons and justifications for their actions. The goal may be either political legitimation for oneself or delegitimation of adversaries. This sort of use of international law both relies on and reinforces the idea that states should act lawfully rather than unlawfully. The priority of lawfulness is taken for granted. The chapter then outlines an approach which helps to make sense of international law's contribution to contemporary disputes and crises.


2020 ◽  
Vol 9 (1) ◽  
pp. 183-198
Author(s):  
NORA STAPPERT

Abstract:How can we account for the normative dimension of international practices? Silviya Lechner and Mervyn Frost’s Practice Theory and International Relations answers this question by proposing, with a considerable degree of epistemological sophistication, what the authors call ‘normative descriptivism’, which they combine with a focus on ‘macro practices’. In this contribution, I start by examining the authors’ engagement with IR’s practice turn, and the insights this engagement may offer on the underlying objective of their approach. I then turn to Lechner and Frost’s decision to eclipse history. The contribution concludes by using the evolution of international law as a cursory illustration of the types of analyses Lechner and Frost’s approach would lead to. It thereby emphasises potential challenges inherent in the authors’ combination of internalism as rooted in individual self-consciousness and a focus on ‘macro practices’, including the possibility that it might limit the potential to critically question the standard that becomes identified as universal.


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