Anarchy & Order : The Interplay of Politics and Law in International Relations

This is a study of the political parameters of international law and, conversely, the law's relevance and reach in international politics. At the theoretical level, it bridges the competing dominant paradigms - neorealism and neoliberalism - in the contemporary IR literature. Title 3 Copyright 4 Contents 5 Preface 7 Part 1 - International Law in Systemic Perspective 11 1. Introduction: Neorealism and International Law 13 Law and Politics in International Relations 14 The Neorealist Paradigm 16 International Law Despite or Because of Systemic Anarchy? 17 National Interest and International Law 21 The Partisan Dimension 21 Interpretation 25 The World Context 26 Unilateral Action Versus Community Appraisal 26 Systemic Changes and International Law 29 Changing Contents of International Law 29 Shifting Roles of International Law 31 The Cold War and International Law 32 Conclusion 35 Notes 35 2. The Security Dilemma and International Law 37 The Security Dilemma and the Arms Race 37 Mitigating Prisoner 's Dilemma by International Law 39 International Law and International Regimes 40 Nuclear Arms Control and Peace Accords 43 Response to Skepticism 52 Notes 56 Part 2 - Self-Help and Systemic Order 57 3. Self-Help and International Law 59 Balance of Power and International Law 59 Self-Defense and Collective Security 61 Outlawing War: Limit to Self-Help Discretion 62 Self-Defense 63 Collective Security 63 Law of the UN Charter Revisited 64 Lessons Learned 71 Intervention as Self-Help 72 The Grenada Invasion 73 Conclusion 75 Notes 76 4. War and Peace and International Law 79 War Prevention and International Law 81 Pacific Settlement of Disputes 83 Standing Arbitral Tribunals at a Glance 85 Judicial Settlement by the International Court of Justice 87 Conclusion 93 Notes 94 Part 3 - Sovereignty and its Restraint 95 5. Sovereignty, Jurisdiction, Immunity, and State Responsability: Constraint of Anarchy 97 Sovereignty and Jurisdiction 98 Competing Bases of Jurisdiction and Jurisdictional Conflict 101 Competing Bases of Jurisdiction 101 Jurisdictional Conflict and Resolution 106 Immunity to Sovereign Jurisdiction 109 State Responsibility 113 Conclusion 115 Notes 116 6. Human Rights and International Law: State Sovereignty in Check 117 Rise of Human Rights 117 Jurisdictional Hindrance to the Espousal of Human Rights by Individuals 118 International Human Rights Law 119 The UN and Human Rights 120 Development of Human Rights Law 121 Common Versus Dual Standards in State Practice 123 Enforcement Problems 126 Efficacy of International Law 128 Right to Development as a Possible Conflict Nexus 130 Conclusion 133 Notes 135 Part 4 - The Rise of Community Interests 137 7. Self-Determination, Decolonization, and the Collapse of Empires 139 Origins of Self-Determination 140 Self-Determination Defined as a Fundamental Human Right 142 General Assembly Declaration on the Granting of Independence 144 Right to Secession? 146 Two Ironies of History 148 Other Dimensions of Self-Determination as a Legal Right 150 Self-Determination as Part of General International Law 150 Nations' or Peoples' Right to Self-Determination 153 The World Community's Right to Intervene in Self-Determination 155 Conclusion 157 Notes 160 8. Control over the Environment: Common Legacy of Humankind 163 Coping with the Tragedy of the Commons 164 Tragedy of the Global Commons and Remedies 164 An Emergent International Environmental Law 170 The Environment and International Law 171 Making of the International Environmental Law 173 Dual Track in the Origins of International Environmental Law 175 Conclusion 179 Notes 182 Part 5 - Summary and Conclusions 183 9. Three Perspectives in International Relations: Hobbesian, Kantian, and Grotian 185 The Hobbesian Perspective: Realist International Politics 186 The Kantian Perspective: Liberalism and International Organization 189 The Grotian Perspective: International Law and World Order 191 International Law in the Hobbesian System of International Politics 193 Law of Political Framework 194 Law of Reciprocity 197 The Law of Community 202 Conclusion 204 Notes 205 10. Order Amidst Anarchy: The Westphalian System into the Twenty-First Century 207 A Retrospective Look 207 International Law and Order in Anarchy 207 International Law Versus Waltzian Neorealism 208 A Prospective View 212 Structural Change i n the New World Order: A Neorealist View 212 The New World Order and International Law : A Neoliberal View 213 Sovereignty and International Order 217 International Accountability: An International Criminal Court? 219 Collective Security: New Meaning and New Context 222 Conclusion 225 Notes 228 International Law Cases Cited 229 Abbreviations and Acronyms 231 References 233 Index 245 About the Book 257 In his analysis of the political parameters of international law, and conversely, the law's relevance to international relations, Hsiung (politics, New York U.; Shanghai Academy of Social Sciences) reconciles the competing dominant theoretical paradigms in the IR field neorealism and neoliberalism. In chapters on international law in systemic perspective, self-help and systemic order, sovereignty and its restraint, and the rise of community interests, he explains how anarchy paradoxically fosters norms and institutions. His conclusion looks back to Hobbesian, Kantian, and Grotian perspectives, and forward to future trends. Annotation c. by Book News, Inc., Portland, Or. James C. Hsiung. Includes Bibliographical References (p. 223-233) And Index.