Legal Rules and International Society

Legal Rules and International Society

Legal Rules and International Society

Legal Rules and International Society

Synopsis

This book provides an interdisciplinary examination of international law by addressing four critical questions: How are international legal rules distinctive? How does an investigator determine the existence of a rule of international law? Does international law really matter in international politics? and What effect could the changing nature of international relations have on international law? Using Constructivist theory, Arend argues that international law can alter the identity of states, and, consequently, have a profound impact on state behavior.

Excerpt

At every level, political systems have processes whereby legal rules are created. the city, the county, the province, and the state all have wellestablished and institutionalized mechanisms for developing legal rules. Likewise, over the centuries, an extremely sophisticated process has evolved for the formulation of international legal rules. What is this process? How do international legal rules develop? How does this process differ from the domestic legislative process?

The purpose of this chapter is to examine the process of creating international legal rules. in order to do this, the first section will set the stage by discussing the constitutive agents -- those entities that create the legal rules. the second section will examine the traditional sources of international law. the third section will explore other possible sources of international law. Finally, the fourth section will examine the relationship among the sources. This examination, it is hoped, will provide the necessary foundation for an in-depth exploration of methods for determining international legal rules in chapter 3.

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