International law and the politics of history
In: International affairs, Band 98, Heft 3, S. 1079-1081
ISSN: 1468-2346
9 Ergebnisse
Sortierung:
In: International affairs, Band 98, Heft 3, S. 1079-1081
ISSN: 1468-2346
In: Complexity, governance & networks, Band 6, Heft 1, S. 94
ISSN: 2214-3009
This article seeks to contribute to theorising the institutional structure of international society by exploring synergies between complex systems thinking and the English School theory of International Relations (IR). Suggesting that the English School already embraces key conceptual insights from complexity theory, most notably relational and adaptive systems thinking, it reconfigures international society as a complex social system. To further advance the English School's research programme on international institutions, the article introduces the notion of "law-governed emergence" and distils two effects it has on global institutional ordering practices: fragmentation and clustering. These moves help to establish complexity as a fundamental structural condition of institutional ordering at the global level, and to provide a basis for taking steps toward better understanding the nature and significance of institutional interconnections in a globalised international society.
This article seeks to contribute to theorising the institutional structure of international society by exploring synergies between complex systems thinking and the English School theory of International Relations (IR). Suggesting that the English School already embraces key conceptual insights from complexity theory, most notably relational and adaptive systems thinking, it reconfigures international society as a complex social system. To further advance the English School's research programme on international institutions, the article introduces the notion of "law-governed emergence" and distils two effects it has on global institutional ordering practices: fragmentation and clustering. These moves help to establish complexity as a fundamental structural condition of institutional ordering at the global level, and to provide a basis for taking steps toward better understanding the nature and significance of institutional interconnections in a globalised international society.
BASE
In: Cambridge review of international affairs, Band 33, Heft 4, S. 491-494
ISSN: 1474-449X
In: International theory: a journal of international politics, law and philosophy, Band 8, Heft 2, S. 262-296
ISSN: 1752-9727
This article develops a socio-legal approach to theorizing the construction of peremptory norms in international relations. It argues that due to its focus on formalism and abstract notions of rights, traditional legal treatments have failed to acknowledge the socially constructed nature of higher order norms. To address this shortcoming, the article transfers the concept ofjus cogensinto the realm of International Relations. Drawing on insights from constructivism and English School theory, it situates law in the context of society and conceptualizesjus cogensas part of international society's constitutional structure. Proceeding from the assumption that the content and identity ofjus cogensdepends on the normative character of international society, the article then assesses two possible 'normative logics' through which the peremptory status of a norm may be generated. It rejects a solidarist logic, which sees universal norms as the manifestation of cosmopolitan ideas about inalienable rights. Instead, it argues for a pluralist approach to ethics and order that depictsjus cogensas key to the development of international society towards a social site marked by diversity and respect for difference.
In: International theory: IT ; a journal of international politics, law and philosophy, Band 8, Heft 2, S. 262-296
ISSN: 1752-9719
World Affairs Online
In: International studies quarterly: the journal of the International Studies Association, Band 67, Heft 2
ISSN: 1468-2478
This article integrates normative theoretical analysis into accounts of international order by connecting the study of international practice to debates about the nature and moral purpose of states' social association. Combining English School and social practice theory with insights from scholarship on colonialism, race, and empire, we conceptualize international order as a dynamic, contested, but often stable and durable, set of patterns of practice and show how they set ethical reference points and privilege certain claims over others in relation to legitimate agency and morally appropriate conduct. To allow for a grounded normative analysis of global ordering practices, we connect actors' capacity to exercise creative normative agency to debates about legitimate membership and morally appropriate conduct in international society. We highlight the normative significance of historical context for the study of international practices and illustrate our theoretical arguments with examples from various ordering practices, including international law, war, diplomacy, and economic practice, where actors frequently draw on foundational values to construct normative claims about inclusion and exclusion. At the same time, agents' creative capacity to alter existing and create new rights and obligations has transformed our thinking, acting, and arguing about the nature and moral purpose of world order.
World Affairs Online
In: Review of international studies: RIS, Band 47, Heft 4, S. 508-527
ISSN: 1469-9044
This article offers a new conceptualisation of the meaning of norms in world politics. It starts from the observation that existing norm scholarship in International Relations has underestimated the role of ambiguity in the constitution of norm meaning. To address this shortcoming, we advance a conceptualisation that sees norm polysemy – the empirically observable plurality of norm meanings-in-use – as resulting from the enactment of inherently ambiguous norms in different contexts. By foregrounding norm ambiguity, this view offers a radically non-essentialist understanding of norm meaning, one that eschews any attempt to salvage final or 'true' meanings behind the polysemy of norms. Using empirical illustrations from different fields of contemporary global governance, we identify four mechanisms through which actors practically cope with the multiplicity of norm meanings that arises from norm ambiguity (deliberation, adjudication, uni- or multilateral fixation attempts, and ad hoc enactment) and outline their varying effects on the legitimacy and effectiveness of global governance. Based on this discussion, the article points to the normative implications of a radically non-essentialist conception of norms and suggests harnessing the positive potential of norm ambiguity as an ethically desirable condition that promotes human diversity and the plurality of global life.
World Affairs Online
In: Palgrave studies in international relations
World Affairs Online