Lecture Feb. 26th (6/6) Flashcards
Baylis: Chapter 17-18: International law and regimes
paradox of international law
- States have strong incentives to free themselves from anarchy’s insecurities
- But: face common coordination and collaboration problems
- Therefore, they create international institutions
Age of Absolutism (before modern institution of international law)
Law: the command of a legitimate superior
International law: God’s command, derived from natural law
modern institution of international law
Law: contract between legal subjects, or their representatives
International law: expression of nation’s mutual will
characteristics of modern international law drawn from political liberalism
- Multilateral form of legislation
- Consent-based form of legal obligation
- Language and practice of justification
- Discourse of institutional autonomy
Constructivists (on modern international law)
international law as normative structure conditioning state and non-state agency, constituting identity, interest, strategy
regime
a set of institutionalized principles, norms, rules and procedures governing political relations; allow states to overcome collective security dilemma
three types of regimes (tacit, dead letter, full-blown)
Tacit Regime – no agreement, but expectations
Dead Letter Regime – agreement, no expectation
Full-Blown Regime – agreement, expectation