Cecily Zamora
In his book, *How to Do Things with International Law*, Ian Hurd challenges the conventional view of international law as a set of limits on state behaviour that serves as a progressive contribution to a just, stable, and predictable world. Instead, he argues that international law is deeply politicized and driven by the pursuit of particular interests and desires. Hurd explores how international law can be used as a tool of state power, authorizing and legitimizing government actions, including the use of violence and torture. He also highlights the complex relationship between international law and politics, demonstrating how international law can both constrain and enable global action.
| Characteristics | Values |
|---|---|
| A tool of state power | International law is a tool used by governments to authorize and legitimize their actions. |
| Politicized | International law is deeply politicized, driven by the pursuit of particular interests and desires. |
| Legitimacy | Compliance with international law validates a state's legitimacy. |
| Permissive and constraining | International law has both permissive and constraining effects on state behavior. |
| Dynamic | International law is dynamic and changes according to political exigency. |
| Normative | The normative valence of international law is a question for investigation, not assumption. |
| Regulatory | International law can be constitutive or regulatory but not both simultaneously. |
| Sovereign | The sovereignty of international law lies in its ubiquity and necessity in international political discourse. |
| Complex | The politics of international law are complex, and it does not function in the same way as domestic law. |
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What You'll Learn
International law and global governance
In his book, "How to Do Things with International Law", Ian Hurd challenges the conventional understanding of international law as merely imposing limits on state behaviour. Instead, he argues that international law is a tool of state power, employed by governments to legitimise their actions and pursue their interests. This politicisation of international law underscores the complex interplay between law and politics on the global stage.
International law can serve as a source of emancipation and the protection of human rights, as suggested by Beth Simmons. However, the reality is often more complex. While international law can constrain state power, it is also subject to political exigency, with governments frequently finding ways to navigate around their legal obligations. This highlights the weak regulatory capacity of international law and the need for a more nuanced understanding of its function in global governance.
The Institute for International Law and Justice offers seminars on law and global governance, exploring the design, problem structures, and legal regulation of power exercises by international organisations and governments. These seminars delve into megaregional-scale projects, the implications of globalisation and automation, and the rising importance of private governance.
In conclusion, international law plays a critical role in global governance, shaping the exercise of power and authority beyond the confines of individual states. However, it is essential to recognise the politicised nature of international law and the dynamic relationship between law and politics in the international arena.
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International law as a tool of state power
International law is a powerful ideology that plays a significant role in world politics. While it is traditionally understood as a set of constraints on state behaviour, some scholars, including Ian Hurd, argue that it is a tool of state power. In his book, "How to Do Things with International Law", Hurd challenges the conventional view, demonstrating how international law can be a permissive and empowering source of legitimation for state action. He argues that international law authorizes and depoliticizes, not just constrains and improves.
Hurd's work provides an insightful analysis of the complex relationship between international law, norms, politics, and power. He illustrates how governments use and manipulate international law in foreign policy, employing it as a resource to authorize and legitimize their desired actions. For example, states may use international law to justify their choices, presenting them as lawful and compliant with their international obligations. This can empower states and make certain actions easier to undertake.
Furthermore, Hurd's case studies reveal that international law can serve as a permissive force, enabling state actions such as war, torture, and the use of drones. He argues that international law is deeply politicized, driven by the pursuit of particular interests and desires rather than being an externally imposed constraint. This politicization of international law is further supported by the fact that governments frequently break, ignore, or redefine their international legal obligations.
The view of international law as a tool of state power is also reflected in the work of Jack Goldsmith and Eric Posner, who argue that international law primarily reflects the interests of states. They contend that interstate power relations and states' formulations of their interests set the parameters for international law, making it endogenous to international politics and relations. This perspective challenges the assumption that international law serves as an external normative brake on state actions.
While international law can be a source of individual emancipation and a protector of human rights, it is important to recognize that its norms and rules are not inherently superior or apolitical. They are subject to change according to political exigency and the pursuit of state interests. As such, international law can be a tool wielded by states to pursue their goals and shape their policies, rather than solely serving as a constraint on state power.
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International law and individual emancipation
International law is a powerful ideology in world politics, with a significant impact on the lives of individuals. International law and its relationship with state power have been a subject of debate, with some arguing that it is a tool used by governments to legitimize their actions. Ian Hurd, in his book "How to Do Things with International Law", challenges the traditional view of international law as a purely progressive and stabilizing force. He argues that it is deeply politicized and driven by the pursuit of particular interests.
The development of an individual-oriented approach in international law is linked to the emergence of democracy and accountability. This approach focuses on the position of the individual in international relations and the legal duties imposed on them. It also addresses the participation of individuals in the creation of international law and the mechanisms designed to protect their rights.
International law can be a source of individual emancipation and the protection of human rights. It can empower individuals to hold states and international organizations accountable and question their duties towards individuals. However, it is important to recognize that international law is not always effectively enforced, and states may break or ignore their legal obligations.
Furthermore, the interpretation of international law can be complex and conflicting, making it challenging to clearly define compliance. Despite these challenges, international law provides a framework for individuals to assert their rights and seek justice on a global scale, contributing to their emancipation from the absolute power of states.
Overall, the relationship between international law and individual emancipation is complex and evolving. While international law offers potential for individual empowerment, the realization of this potential is influenced by political interests, state compliance, and the interpretation of legal norms.
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International law as a source of legitimation
International law is a powerful ideology in world politics, and its legitimacy is a highly debated topic. In his book, Ian Hurd challenges the conventional understanding of international law as a set of limits on state behaviour, arguing that it is a tool of state power and a source of legitimation for state action. Hurd's work highlights the complex politics of international law and how it can be manipulated by governments to justify their choices and legitimize their actions, including violence and torture.
The legitimacy of international law has been questioned due to the absence of a unified legislative body comparable to domestic legal systems. The two main sources of international law are treaties and custom, with multilateral treaties playing a significant role in shaping customary international law. However, the effectiveness of international law in constraining state power has been debated, as states frequently break, ignore, or redefine their international legal obligations.
Despite the criticisms, international law serves as a source of legitimation in several ways. Firstly, it provides a framework for governments to explain and justify their decisions, even if they may not always comply. Compliance with international law becomes a marker for acceptable policy, and states strive to fit their policies within its categories, which can mask the underlying politics of their choices. Secondly, international law can empower states by providing legal authorization for their actions. This is particularly evident in Hurd's case studies, where international law is used to legitimize actions related to war, torture, and drones.
Procedural integrity has also been highlighted as an important source of legitimacy for international law. The process of treaty-making and the incorporation of international law into municipal law, as seen in Germany, contribute to its legitimacy. Additionally, international law's ability to constrain state behaviour and protect human rights is often viewed as a source of legitimacy. However, this view has been contested, with scholars arguing for a more empirical assessment of the political implications of international law and its application.
In conclusion, international law serves as a source of legitimation through the provision of a legal framework for government actions, the empowerment of states through authorization, the maintenance of procedural integrity, and its potential to protect human rights and constrain state behaviour. While international law's legitimacy is debated, it plays a significant role in shaping world politics and the actions of states.
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International law and procedural justice
International law is a complex and multifaceted field that plays a significant role in shaping world politics and global governance. It is widely assumed that international law serves as a progressive contribution to a just, stable, and predictable world. However, the reality is often more nuanced and politicized.
In his book, "How to Do Things with International Law," Ian Hurd challenges the traditional understanding of international law as a simple constraint on state behaviour. Hurd argues that international law is a tool used by states to authorize and legitimize their actions. It can empower states by providing legal justification for their choices, even in areas such as war, torture, and the use of drones. This highlights the complex dynamics between international law and procedural justice.
Procedural justice refers to the fairness of the processes and procedures used in legal decision-making. In the context of international law, procedural justice is concerned with the processes followed by international courts and tribunals, such as the International Court of Justice (ICJ), in resolving disputes between states. The ICJ, also known as the World Court, was founded in 1946 and has since considered a wide range of international disputes, including those involving economic rights, rights of passage, the non-use of force, and the protection of civilians in armed conflict.
The ICJ and other international courts play a crucial role in enforcing procedural law and ensuring procedural justice in international disputes. They have the power to adopt rules of procedure and sanction parties that breach these rules or attempt to obstruct the administration of justice. For example, the ICJ may impose costs on a party found to be in breach of its obligations, as in the case between Costa Rica and Nicaragua. However, the ICJ's powers are limited in certain areas, such as explicitly recognizing its power to draw adverse inferences from a party's refusal to produce documents.
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Frequently asked questions
International law is a set of norms and a field of study that is widely assumed to serve as a progressive contribution to a just, stable, and predictable world.
International law is a powerful ideology at play in world politics. It is a necessary part of international political discourse and is used by governments to legitimize their actions.
International law can constrain and enable state behaviour. It can also serve as a source of legitimation for state action, including the use of violence and torture.
International law and domestic law differ in their enforcement mechanisms and treaty obligations. International law is not neutral and does not treat all state actors equally.
International law is not always effectively enforced, and states frequently break, ignore, or redefine their international legal obligations. The interpretation of international law is also contested, and it may not successfully constrain powerful states.
