International Law and Politics
International law has important effects in international relations, and the politics of international relations often determines the ability of states to make international law and to comply with international law. So, it is strange that the academic disciplines of international law and international politics have often used separate analytical tools, have often seen the world of international relations differently, and have often been concerned with different problems. This volume brings together the leading scholarly works seeking to define the relationship between the analytical tools of international law and international politics, and seeking to integrate these tools. This volume shows the ways in which these disciplines can be harnessed together to provide a more complete and effective analysis of international problems.
Table of Contents
Contents: Introduction; Part I Two Disciplines or One? Theory and Method: International organization: a state of the art on an art of the state, Friedrich Kratochwil and John Gerard Ruggie; Modern international relations theory: a prospectus for international lawyers, Kenneth W. Abbott; International relations and international law: 2 optics, Robert O. Keohane; International law and international relations: together, apart, together?, Stephen D. Krasner. Part II How, When and How Much Does International Law Affect State Behavior?: a) Realism: Positivism, functionalism, and international law, Hans J. Morgenthau; Is the good news about compliance good news about cooperation?, George W. Downs, David M. Rocke and Peter N. Barsoom; b) Rationalism: Political economy and international institutions, Duncan Snidal; The concept of legalization, Kenneth W. Abbott, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal; The customary international law game, George Norman and Joel P. Trachtman; c) Constructivism/Sociological Institutionalism: On compliance, Abram Chayes and Antonia Handler Chayes; The institutional dynamics of international political orders, James G. March and Johan P. Olsen; International norm dynamics and political change, Martha Finnemore and Kathryn Sikkink. Part III Under What Circumstances and in What Form Will Treaties be Made?: Bargaining, enforcement and international cooperation, James D. Fearon; A theory of full international cooperation, Scott Barrett; The laws of war, common conjectures and legal systems in international politics, James D. Morrow; The rational design of international institutions, Barbara Koremenos, Charles Lipson and Duncan Snidal. Part IV What is the Role of International Adjudication?: The European Court of Justice, national governments, and legal integration in the European Union, Geoffrey Garrett, R. Daniel Kelemen and Heiner Schulz; The politics of dispute settlement design: explaining legalism in regional trade pacts, James McCall Smith; Judicial lawmaking at the WTO: discursive, constitutional, and political constraints, Richard H. Steinberg. Part V How is Empirical Analysis Used?: International law and state behavior: commitment and compliance in international monetary affairs, Beth A. Simmons; Name index.
Joel Trachtman is Professor of International Law, The Fletcher School of Law and Diplomacy, Tufts University, US